Thomas v. Owens-Illinois Inc.

Filing 14

STIPULATION AND ORDER TO REMAND CASE TO STATE COURT. Signed by Judge Maxine M. Chesney on March 9, 2009. (mmclc2, COURT STAFF) (Filed on 3/9/2009)

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I 2 3 4 5 6 7 8 SCIIIFF HARDIN LLP STEPIIEN M. IIANKINS (CSB #154886) JEAN H. HURRICANE (CSB #175628) One Market. Spear Street Tower, 32 Floor San Francisco, CA 94 104 Telephone: (415) 901-8700 Facsimile: (415) 901-8701 Attorneys for Defendant OWENS BRO( KW'\Y GI ASS (ON I AINLR INC. erroneously sued as OWENS-ILLINOIS. INC. UNITEI) STATES I)1SFRICT COURT NORTHERN DiSTRiCT 9 10 11 12 13 14 IS WESLEY THOMAS, Plaintiff, v. OWENS-ILLINOIS. INC.. and DOES I through 20. inclusive, Defendants. Case No, CV 08-05123 MMC STIPULATION ANI) IPROPOSEDI ORDER TO REMAND CASE TO STATE COURT 16 17 18 19 20 21 22 23 Plaintiff Wesley Thomas ("Plaintiff') and defendant Owcns-Brockway Glass Container Inc.. erroneously sued as Owens-Illinois. Inc. (`Dcfcndant"), hereby agree and stipulate as follows: WHEREAS Plaintiff filed his Complaint on October 3.2008 in California Superior Court, County of Alameda, Case number RG 08-4i3335 WHEREAS on November IC, 2008, pursuant to 28 USC 1441, Defendant timely filed its Notice of Removal to the United States District Court, Northern I)istrict of California; WHEREAS Plaintiff claims, after full investigation of the facts, that his condition is stable, and the amouni of damages in this case does not exceed and will not exceed $65,000. inclusive of all damages claimed by Plaintiff as well as all liens, fees and costs and WHEREAS Plaintiff hereby agrees that neither he nor anyone acting on his behalf. 24 25 26 27 28 S I I\kD I_Il' including any compensation carriers or attorneys, will seek a total amount in excess of $65,000. STIPULATION AND ORDER UU/UN r -- -- --. tl VU, U) 1 2 3 4 5 inclusive of gU damages claimed by P1itiiff tis well as all liens, fees and costs, against Defendant if Defendant agrees to retiiand the case to State Court; THEREFORE, THE PARTiES HBR.ETO STIPULATE THAT: 1. Plajitiff agrees that he does not and will not seek any damages in excess of $65,000, inclusive of nfl damages claimed by Plaintiff as well as all liens, fees and costs, against Defendant for the claims alleged in his complaint; and 2. Based on Plaintiffs agreement in Paragraph 1, Defendant agrees to remand case to 8 9 the California Superior Court, County of Alameda. DATED: 9 OO 2 March j 12 13 DATED: March 2009 WALKUP, MELODIA, KELLY & SCFIOEN GER 15 Attorneys for Plaintiff Wesley Thrna DAThO: Th&c / / --__ 16 March c. 2009 SCH1FF HARDIN LLP 20 21 22 23 24 25 Hurricane Attorneys for Defendant Owens-Brockway Glass Container Inc. I1fl0S Inc. Jean Bused on the Stipulation of the parties, and good cause appearing therefur, the case is hereby REMANDED to Stat Court. the Superior Court of the State of California in and for the County of Alameda. iT IS SO ORDERED DATED: 9 Mh,2009 26 27 28 ScPF HAPOIN LU' STh9i1423i eesnc UNITED STATES DISTRJCT COURT, NORThERN DISTRICT CALIFORNIA By 2- STIPULATION AND ORDER

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