Kuhnau et al v. Allied Packing & Supply, Inc. et al

Filing 57

ORDER TO SHOW CAUSE re 27 MOTION to Remand to Remand Action to State Court of California filed by Diana Williams, Donald Kuhnau, Jeanene Kuhnau (emclc2, COURT STAFF) (Filed on 6/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEANENE KUHNAU, et al.,

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Plaintiffs,

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v.

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For the Northern District of California

United States District Court

No. C-13-1669 EMC

ALLIED PACKING & SUPPLY, INC., et al.,

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ORDER TO SHOW CAUSE

Defendants.
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Plaintiffs have moved the Court to remand the current case back to state court, which was

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removed to federal court by Defendant Crane Co. pursuant to 28 U.S.C. section 1442(a)(1). See

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Docket No. 27.

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Plaintiffs contend they have tried unsuccessfully to obtain a stipulation from Defendant

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Crane Co. to remand the current action. The terms of such stipulation are similar to a unilateral

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waiver of certain claims upon which this Court based its decision to remand in Pratt v. Asbestos

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Corp., Ltd., 11-cv-3503 EMC, 2011 WL 4433724 (Docket No. 9).

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Accordingly, the Court hereby orders as follows. The parties are hereby ordered to show

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cause why the case should not be remanded back to state court upon stipulation or Plaintiff’s

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filing of an appropriate waver (as in Pratt). Both parties shall have until 5:00 p.m., June 12, 2013,

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to jointly file and serve a response to this order to show cause. There shall be no reply brief.

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Plaintiff’s filing shall include any stipulation or waiver it intends to file. Absent further order of the

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Court, the Court will take the matter under submission without hearing.

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IT IS SO ORDERED.

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Dated: June 7, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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