Wilson v. Sunrise Senior Living Management, Inc.
Filing
15
STIPULATION AND ORDER TO REMAND re 14 Proposed Order filed by Sunrise Senior Living Management, Inc.. Signed by Judge Edward M. Chen on 9/21/10. (bpf, COURT STAFF) (Filed on 9/21/2010)
Wilson v. Sunrise Senior Living Management, Inc.
Doc. 15
1
Michael P. West, Esq., State Bar No.: 172478
2 mwest(fmpplaw.com
3
Lori D. Marquardt, Esq., State Bar No.: 221709 lmarquardt(fmpplaw.com
1055 West Seventh Street, 24th Floor Los Angeles, California 90017
Telephone: (213) 891-9100
Facsimile: (213) 488-1178
4 MORRS POLICH & PURDY LLP
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Attorneys for Defendant, SUNRISE SENIOR LIVING MANAGEMENT, INC.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO
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13 ELEANOR WILSON, by and through Case No.: CV 102880 EMC
14 her Guardian ad Litem DEBORAH GRAY,
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Plaintiff,
vs.
(RE: Sonoma County Superior Court Case No. SCV 246937)
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17
(PROPOSED) ORDER TO REMAND UPON STIPULATION
Trial Date:
18 SUNRISE SENIOR LIVING MANAGEMENT, INC, and Does 1 -20,
19 inclusive.
None
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Defendants.
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23 In light of the Stipulation to Remand by and between the parties, plaintiff
24 Eleanor Wilson, by and through her Guardian ad Litem, Deborah Gray, and
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defendant Sunrise Senior Living Management, Inc., through their respective
counsel of record, which is attached to this Order as "Exhibit 1" and incorporated
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27 herein by reference, and based on plaintiffs post removal stipulation as to the
28 reduced amount in controversy, and that the amount in controversy no longer satisfies the jurisdictional requirements to maintain this action in the United States
L0240162.DOC 1
(PROPOSED) ORDER TO REMAND UPON STIPULATION - CV 10 2880 EMC
Dockets.Justia.com
1 District Cour pursuant to 28 U.S.C. §§ 1332 and 1441,
2 The Court hereby finds good cause to remand this case, and hereby orders
3 that the entire above-captioned action be remanded to the Superior Court for the
4 State of California for the County of Sonoma.
5 It is further ordered that this order to remand shall not affect defendant
6 Sunrse Senior Living Management, Inc.'s right to remove the action again if
7 plaintiff tries to avoid the amount in controversy stipulation.
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UNIT ED
Dated:
9/21/10
S
S DISTRICT TE C TA
The 9/22/10 hearing is taken off calendar.
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F D IS T IC T O R
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L0240162.DOC 2
(PROPOSED) ORDER TO REMAND UPON STIPULATION - CV 10 2880 EMC
A
C
LI
FO
dwa Judge E
rd M. C
hen
R NIA
Hon. Edward M. RED RDE Chen IS SO O FIED JIT GS MODI DISTRICT COURT UD E OF THE A
RT U O
NO
RT
H
EXHIBIT 1
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1 Michael P. West, Esq., State Bar No.: 172478
2 mwest(fmpplaw.com Lori D. Marquardt, Esq., State Bar No.: 221709
3 lmarquardt(fmpplaw.com
4 MORRS POLICH & PURY LLP
1055 West Seventh Street, 24th Floor
5 Los Angeles, California 90017
6 Telephone: (213) 891-9100
Facsimile: (213) 488-1178
7
8 Attorneys for Defendant,
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i SUNRISE SENIOR LiVn~G lvfANAGE1-fENT, INC.
10
11
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO
12
13 ELEANOR WILSON, by and through Case No.: CV 102880 EMC
14 her Guardian ad Litem DEBORAH GRAY,
15
(RE: Sonoma County Superior Court Case No. SCV 246937)
16 17
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Plaintiff,
STIPULATION TO REMAD
vs.
Assigned to:
SUNSE SENIOR LIVING 19 MANAGEMENT, INC, and Does 120 . 20, inciusive.
21
Hon. Edward M. Chen
None
Defendants.
I Trial Date:
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24 WHEREAS the entire above-captioned matter, having been removed by
25 defendant Sunrse Senior Living Management, Inc. to the United States Distrct
26 Court for the Northern Distrct of California, pursuant to 28 U.S.C. §§ 1332 and
27 1441 on June 30, 2010, on the grounds that there exists complete diversity of
28 citizenship, as plaintiff and the defendant are not citizens of the same state, and the
L0235769
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STIPULATION TO REMAND
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amount in controversy exceeds $75,000, exclusive of
interest and costs;
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WHEREAS, after removal was effected, plaintiff Eleanor Wilson, by and
through her counsel of record herein, has stipulated that plaintiffs alleged
damages, inclusive of interest, costs, and attorneys' fees, are under $75,000, that
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plaintiff will not seek more than $75,000 in state court, that plaintiff wil not
accept more than $75,000 at tral, that there is no potential claim for damages in
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this case that exceeds $75,000, and that plaintiff waives any right to avoid the
stipulation based on ne,vly-discovered or unknown facts, as set forth in the
Stipulation attached hereto as Exhibit "1 ";
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WHEREAS, the parties hereby acknowledge that based on plaintiffs post
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removal stipulation as to the reduced amount in controversy, the amount in
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controversy no longer satisfies the jursdictional requirements to maintain this
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action in the United States Distrct Cour pursuant to 28 U.S.C. §§ 1332 and 1441;
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15 IT is HEREBY STIPULATED, by and between the parties, through their
16 respective counsel of
record, that the entire above-captioned action be remanded to
17 the Superior Cour for the State of California for the County of Sonoma.
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III
III
III
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III
III
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III
III III III
L0235769
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2
STIPULATION TO REMAD
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1 IT is HEREBY FURTHER STIPULATED, that a remand shall not affect
2 defendant's right to remove the action again and seek monetary sanctions if
3 plaintiff tres to avoid the amount in controversy stipulation.
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Dated: August~ I , 2010
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Attorneys for Plaintiff, ELEANOR WILSON, b~ and through her
Guardian, DEBORAH GRA Y
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Dated: August~, 2010
MORRS POLICH & PURDY LLP
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BMich;e~~ Ya IP
Lori D. Marquardt, Esq.
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Attorneys for Defendant SUNRISE SENIOR Li\lING MANAGEMENT, INC.
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L0235769
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STIPULATION TO REMAND
- !r-i-
09/17/2010 14: 29 - - -:
415-898-1247
BRAYTON PURCELL LLP
PAGE 03/04
1 Michael P. West, Esq.; SBN.: 172478
Lori D. Mar.quardt, Esq.: SBN.: 221709
2 MORRS, POLICH & PURDY LLl
1055 West Seveiith Street, 24th Floor
3 Los Angeles, Califomia 90017
Telephone: (213) 891-9100
4 Facsimile: (213) 488-1178
5 Attorneys for Defendant,
SUNUSE SENIOR LlVG MANAGEMENT, INC.
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SUPERIOR COURT OF THE STATE OF CALIFOJRNIA
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FOR THE COUNTY OF SONOMA - SANTA ROSA DMSION
Case No.: SCV 246937
(United States District Court Case :~I/o.: CV-10 2880 EMC)
11 ELEANOR WILSON, by and through her
Guardian Ad Litem, DEBORA GRAY,
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Plaintiff,
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vs.
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SUNISE OF PETALUMA, and Does 1 to 20, 15 inclusive, ,
STIPULATION RE: AMOUNT IN CONTROVERSY
16 Defendants.
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Trial Date: None Set
(Complait Filed: Februry 26, 2(10)
19 Plaintiff Eleanor Wilson ("plaintiff') and defendant Sunise Senior Living Mana~:cment, Inc.
20 ("defendant"), by and through their respective counsel of record, hereby stipulate to thi~ following
21 tens regardig the amount in controversy in the above-captioned matter:
22 1. Plaintiffs alleged damages, inclusive of interest, costs, and attorneys' fee~;1 are under
23 $75,000;
24 2. Plaintiff wil not seek more than $75,000 in the Superior Court of
the State of Californa
25 for the County of Sonoma;
26 3. llaintiffwil not accept more than $75,000 at m.a! in this matter;
27 4. There is no potential claim for damages in this case, inclusive of interest, costs, and
28 attorneys' fees, that exceed $75,000; and,
L02~~77
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STIPULATION RE: AMOUN IN CONTOVERSY
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09/17/2010 14:29
415-898-1247
BRAYTON PURCELL LLP
PAGE 04/04
1 5. Plaintiff waives any right to avoid the stipulation based on newly-di!:covered or
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unown facts.
It is furter stipulated that jJl reliance on the express terms of the stipulation mgarding the
amount in controversy, defeiidat has agreed to stipulate to remand the entire acton whii:h had been
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removed to the United States District Cour for the Souther District of California :'ack to the
Superor Court of Californa for the Coun.ty of Sonoma.
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Dated: .~/ 12010
. G. McDEVITT
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By: .
Attorneys for Plaintiffs, ELEANOR WISON, by and through her
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Guardian, DEBORA GRAY
n 11t/lê)pr Dated: ~ /7,2010
MORRS
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POLICH & PURDY, LLP
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BY:~
Michael P. West, Esq.
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Attorneys for Defendant, SUNISE SENIOR LIVING MANAGEMENT, INC.
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l023S771
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STIULATION RE: AMOUNT IN CONTOVERSY
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CERTIFICATE OF SERVICE
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Wilson, et ai. VS. Sunrise Senior Living Management, Inc.
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Us. District Court - Northern District - San Francisco- Case No. CV 10 2880 EMC
I, Jeri Lynn Gregory, certify and declare as follows:
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I am over the age of 18 years and not a part to this action.
My business address is 1055 W. Seventh Street, 24th Floor, Los Angeles,
California 90017, which is located in the city, county and state where the mailing
described below took place.
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On September 20,2010, pursuant to the Court's Electronic Filing System, I
submitted an electronic version of the following document(s) via file transfer
protocol to ECF (Electronic Case Filing)
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"(PROPOSED) ORDER TO REMAND UPON STIPULATION"
and a tre copy of this document was served electronically upon all counsel of
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record by the Court's CMIECF System, or if such service is not authorized, by
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first class mail, in accordance with Rule 5 of the Federal Rules of Civil
Procedure.
I declare that I am employed in the office of a member of the bar of this
court at whose direction the service was made
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Executed on September 20,2010, at Los Angeles, California.
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jf!~W/J~¡1bMj
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L0231569
CERTIFICATE OF SERVICE - CASE NO. CV 10 2880 EMC
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