Thomas v. Foster Wheeler LLC

Filing 14

ORDER GRANTING 13 STIPULATION TO DISMISS DEFENDANT FOSTER WHEELER LLC AND REMAND ACTION TO STATE COURT. Signed by Judge Jeffrey S. White on 4/22/13. (jjoS, COURT STAFF) (Filed on 4/22/2013)

Case3:13-cv-01618-JSW Document13 Filed04/19/13 Page1 of 3

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WILLIAM A. LEVIN, ESQ. (SBN 98592)
TIMOTHY F. PEARCE, ESQ. (SBN 215223)
LEVIN SIMES LLP
353 Sacramento Street, 20th Floor
San Francisco, California 94111
Telephone
[phone]
Facsimile
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
BOBBIE E. THOMAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BOBBIE E. THOMAS,

Case No. 3:13-CV-01618-JSW
Plaintiff,

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JOINT STIPULATION AND [PROPOSED]
ORDER TO DISMISS DEFENDANT
FOSTER WHEELER LLC AND TO
REMAND ACTION TO STATE COURT

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vs.
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AIR & LIQUID SYSTEMS CORPORATION, et
al.,

[United States District for the Northern District
of California Civil Local Rule 7.12]

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Defendants.
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STIPULATION

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Come now the Plaintiff, Bobbie E. Thomas (“Plaintiff”) and removing Defendant Foster

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Wheeler LLC (“Foster Wheeler”), who file their Joint Stipulation to Remand Action to State Court

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pursuant to United States District Court for the Northern District of California Civil Local Rule 7.12.

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WHEREAS, Defendant Foster Wheeler removed this case to the United States District Court

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for the Northern District of California on April 11, 2013, on the found that the Court has “federal

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officer” subject matter jurisdiction under 42 United States Code section 1442(a)(1);

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WHEREAS, Defendant Foster Wheeler was the sole removing defendant and no other
defendant joined in removal or filed a separate notice of removal;
WHEREAS, Plaintiff and Defendant Foster Wheeler, the affected parties, have now reached a
resolution on Plaintiff’s claim against it;
778726_1.doc

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STIP AND [PROP] ORDER TO REMAND CASE
TO STATE COURT

Case3:13-cv-01618-JSW Document13 Filed04/19/13 Page2 of 3

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WHEREAS, Plaintiff hereby dismisses his claim against Defendant Foster Wheeler, with
prejudice, and each party is to bear their own costs;
WHEREAS, Defendant Foster Wheeler's desire for a federal forum for this action is now moot
give the resolution of Plaintiffs claims against it; and
Whereas, pursuant to the parties' resolution, Plaintiff and Defendant Foster Wheeler seek to
have this action remanded to state court,
IT IS HEREBY STIPULATED by the affected parties, Plaintiff and Defendant Foster Wheeler,

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that all claims against Defendant Foster Wheeler shall be, and hereby are, dismissed with prejudice

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pursuant to Federal Rule of Civil Procedure 41 and that this action shall be, and hereby is,

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immediately remanded to Alameda County Superior Court, the court in which it was originally filed

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and from which it was removed.

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The parties further stipulate to the extent that this case is not remanded to Alameda County

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Superior Court, Defendant Foster Wheeler LLC will not be dismissed from this action.

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IT IS SO STIPULATED.

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Dated: Apri119, 2013

LEVIN SIMES LLP

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By:

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Cl----~-

Timothy F. Pearce, Esq.
Attorneys for Plaintiff

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Dated: Apri119, 2013

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April_, 2013

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The Honorable JeffreyS. White
United States District Court, Northern District of CA

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Remand Stip and Prop ORD TFP
041713.DOC

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STIP AND [PROP] ORDER TO REMAND CASE
TO STATE COURT