Solar Sense DCS I, LLC v. Solar Eclipse Investment Fund III, LLC et al

Filing 14

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/16/2021, REMANDING CASE to Solano County Superior Court. Each party shall bear its own costs and attorneys' fees in connection with the removal and remand of this action. (Certified copy of remand order sent to other court). CASE CLOSED. (Tupolo, A)

1 MICHAEL J. STEINER (State Bar No. 112079)
[e-mail]
2 DUANE M. GECK (State Bar No. 114823)
[e-mail]
3 LASZLO LADI (State Bar No. 265564)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
8 Solar Sense DCS I, LLC
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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13 Solar Sense DCS I, LLC,

Case No. 2:20-cv-02184-JAM-JDP

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STIPULATION AND ORDER FOR
REMAND TO SOLANO COUNTY
SUPERIOR COURT

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Plaintiff,
vs.

Assigned to Hon. District Judge John A.
Mendez

16 Solar Eclipse Investment Fund III, LLC, et al.,
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Defendants.

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Plaintiff SolarSense DCS I, LLC (“SolarSense”), and Defendant Solar Eclipse Investment

20 Fund III, LLC (“Fund III”), through their respective counsel, stipulate as follows:
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1.

Fund III removed this action by filing and serving a notice of removal on October

22 30, 2020. Fund III’s notice of removal asserted that the removal was based on diversity of
23 citizenship, 28 U.S.C. § 1332(a)(1).
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2.

Following further investigation and discussion between the parties regarding

25 jurisdiction, the parties agree and stipulate that the case be remanded to the Superior Court of the
26 State of California for the County of Solano, where it was originally filed.
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13033.0001/15670993.3

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STIPULATION AND ORDER FOR REMAND TO SOLANO COUNTY SUPERIOR COURT

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3.

Fund III is currently in receivership pursuant to an action pending in the Circuit

2 Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Case No. 20203 014247-CA-01. The Receiver in that action, Neil Luria, has approved the foregoing stipulation.
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4.

No other defendants have appeared or been served thus far.

5 DATED: February 16, 2021
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SEVERSON & WERSON
A Professional Corporation

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By:

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/s/ Michael J. Steiner
MICHAEL J. STEINER

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Attorneys for Plaintiff Solar Sense DCS I, LLC

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11 DATED: February 11, 2021

BAKER & HOSTETLER LLP

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/s/ Kimberly S. Morris (authorized on
February 11, 2021)
KIMBERLY S. MORRIS

By:

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Attorneys for Defendant SOLAR ECLIPSE
INVESTMENT FUND III, LLC

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I, Michael J. Steiner, am the ECF user whose identification and password are being used to

18 file this Stipulation. I hereby attest that Kimberly S. Morris has concurred in this filing.
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By: /s/ Michael J. Steiner

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13033.0001/15670993.3

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STIPULATION AND ORDER FOR REMAND TO SOLANO COUNTY SUPERIOR COURT

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ORDER

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On the basis of the foregoing stipulation, and good cause appearing,

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IT IS HEREBY ORDERED that:

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1.

This action be, and it hereby is, remanded to the Superior Court of the State of

5 California for the County of Solano.
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2.

Each party shall bear its own costs and attorneys’ fees in connection with the

7 removal and remand of this action.
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3.

The clerk of the court is directed to take any action necessary to remand this case to

9 the state court.
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DATED: February 16, 2021
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/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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13033.0001/15670993.3

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STIPULATION AND ORDER FOR REMAND TO SOLANO COUNTY SUPERIOR COURT