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)

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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 5 6 7 8 Attorneys for Defendant, SUNRISE SENIOR LIVING MANAGEMENT, INC. 9 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 Plaintiff, vs. (RE: Sonoma County Superior Court Case No. SCV 246937) 16 17 (PROPOSED) ORDER TO REMAND UPON STIPULATION Trial Date: 18 SUNRISE SENIOR LIVING MANAGEMENT, INC, and Does 1 -20, 19 inclusive. None 20 21 Defendants. 22 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 25 defendant Sunrise Senior Living Management, Inc., through their respective counsel of record, which is attached to this Order as "Exhibit 1" and incorporated 26 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. 8 9 10 11 UNIT ED Dated: 9/21/10 S S DISTRICT TE C TA The 9/22/10 hearing is taken off calendar. 12 13 14 15 ER N F D IS T IC T O R 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -- ?J -- 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, 9 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 18 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: 22 23 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 1 STIPULATION TO REMAND _ -tl- 1 amount in controversy exceeds $75,000, exclusive of interest and costs; 2 3 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 4 5 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 6 7 8 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 "; 9 10 WHEREAS, the parties hereby acknowledge that based on plaintiffs post 11 removal stipulation as to the reduced amount in controversy, the amount in 12 controversy no longer satisfies the jursdictional requirements to maintain this 13 action in the United States Distrct Cour pursuant to 28 U.S.C. 1332 and 1441; 14 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. 18 19 III III III 20 21 22 23 III III 24 25 III III III III L0235769 26 27 28 2 STIPULATION TO REMAD -h- 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. 4 5 Dated: August~ I , 2010 6 7 8 9 10 11 Attorneys for Plaintiff, ELEANOR WILSON, b~ and through her Guardian, DEBORAH GRA Y 12 13 14 15 Dated: August~, 2010 MORRS POLICH & PURDY LLP 16 17 18 BMich;e~~ Ya IP Lori D. Marquardt, Esq. 19 20 21 Attorneys for Defendant SUNRISE SENIOR Li\lING MANAGEMENT, INC. 22 23 24 25 26 27 28 L0235769 3 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. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFOJRNIA 9 10 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, 12 Plaintiff, 13 vs. 14 SUNISE OF PETALUMA, and Does 1 to 20, 15 inclusive, , STIPULATION RE: AMOUNT IN CONTROVERSY 16 Defendants. 17 18 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 -1- STIPULATION RE: AMOUN IN CONTOVERSY - -- 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 2 3 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 4 5 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. 6 7 8 Dated: .~/ 12010 . G. McDEVITT 5~-r/ 9 10 11 By: . Attorneys for Plaintiffs, ELEANOR WISON, by and through her 12 13 1.4 Guardian, DEBORA GRAY n 11t/l)pr Dated: ~ /7,2010 MORRS 15 16 POLICH & PURDY, LLP 17 18 19 BY:~ Michael P. West, Esq. 20 21 Attorneys for Defendant, SUNISE SENIOR LIVING MANAGEMENT, INC. 22 23 24 25 26 27 28 l023S771 -2- STIULATION RE: AMOUNT IN CONTOVERSY -- -- 1 CERTIFICATE OF SERVICE 2 3 Wilson, et ai. VS. Sunrise Senior Living Management, Inc. 4 5 Us. District Court - Northern District - San Francisco- Case No. CV 10 2880 EMC I, Jeri Lynn Gregory, certify and declare as follows: 6 7 8 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. 9 10 11 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) 12 13 "(PROPOSED) ORDER TO REMAND UPON STIPULATION" and a tre copy of this document was served electronically upon all counsel of 14 15 record by the Court's CMIECF System, or if such service is not authorized, by 16 17 18 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 19 20 21 Executed on September 20,2010, at Los Angeles, California. 22 23 24 25 jf!~W/J~1bMj 26 27 28 L0231569 CERTIFICATE OF SERVICE - CASE NO. CV 10 2880 EMC -D-

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