Jonroccon, LCC v. Fireman's Fund Insurance Company

Filing 12

ORDER REMANDING CASE TO SUPERIOR COURT OF MARIN COUNTY, CALIFORNIA PURSUANT TO 11 STIPULATION. Signed by Judge Maria-Elena James on 7/8/2015. (cdnS, COURT STAFF) (Filed on 7/8/2015)

1 MATTHEW E. HESS, ATTORNEY AT LAW
Matthew E. Hess, SB# 214732
Email: [e-mail]
2
1801 Century Park East, 24th Floor
3 Los Angeles, CA 90067
Telephone: [phone]
4 Facsimile: 310.464.0397
5 Attorney for Plaintiff JONROCCON LLC
6 LEWIS BRISBOIS BISGAARD & SMITH LLP
ROGER S. RAPHAEL, SB# 111946
Email: [e-mail]
7
HASSAN A. ABURISH, SB# 301458
Email: [e-mail]
8
333 Bush Street, Suite 1100
9 San Francisco, California 94104-2872
Telephone: [phone]
10 Facsimile: 415.434.0882
11 Attorneys for Defendant FIREMAN’S FUND INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

14 JONROCCON, LLC, a Connecticut limited
liability company,
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Plaintiff,
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vs.
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FIREMAN’S FUND INSURANCE COMPANY, a
18 California corporation; and DOES 1 through 50,
inclusive,
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Defendants.
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CASE NO. 15-CV-02552 MEJ
JOINT STIPULATION TO REMAND
CASE TO SUPERIOR COURT OF MARIN
COUNTY, CALIFORNIA; [PROPOSED]
ORDER

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TO THE COURT:

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Plaintiff JONROCCON, LLC and Defendant FIREMAN’S FUND INSURANCE COMPANY,

23 INC., by their respective counsel of record, hereby stipulate as follows:
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WHEREAS this lawsuit was originally filed in the Superior Court of Marin County,

25 California;
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WHEREAS on June 9, 2015, Defendant FIREMAN’S FUND INSURANCE COMPANY,

27 INC., removed this case to the United States District Court for the Northern District of California

LEWIS

28 pursuant to 28 U.S.C. § 1332(a) (diversity of citizenship);

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4844-8725-5589.1

15-CV-02552 MEJ
1
JOINT STIPULATION TO REMAND CASE TO SUPERIOR COURT OF MARIN COUNTY, CALIFORNIA

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WHEREAS after meeting and conferring, the parties have agreed that diversity jurisdiction

2 does not lie in this Court because Defendant Fireman’s Fund is a citizen of the State of California.
3 See 28 U.S.C. § 1441(b)(2).
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WHEREFORE IT IS HEREBY STIPULATED AND AGREED that this action should be

5 remanded to the Superior Court of Marin County, California.
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IT IS SO STIPULATED.

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Dated: July 8, 2015

MATTHEW E. HESS, ATTORNEY AT LAW
/s/ Matthew E. Hess
Matthew E. Hess, Esq.
Attorney for Plaintiff
JONROCCON, LLC

Dated: July 8, 2015

LEWIS BRISBOIS BISGAARD & SMITH LLP
/s/ Roger S. Raphael
Roger S. Raphael
Hassan A. Aburish
Attorneys for Defendant
FIREMAN’S FUND INSURANCE COMPANY

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16 I hereby attest that I have on file all holographic signatures corresponding to any signatures
17 indicated by a conformed signature (/s/) within this e-filed document.
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Dated: July 8, 2015

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LEWIS BRISBOIS BISGAARD & SMITH LLP
/s/ Roger S. Raphael
Roger S. Raphael
Hassan A. Aburish
Attorneys for Defendant
FIREMAN’S FUND INSURANCE COMPANY

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4844-8725-5589.1

15-CV-02552 MEJ
2
JOINT STIPULATION TO REMAND CASE TO SUPERIOR COURT OF MARIN COUNTY, CALIFORNIA

1
2

ORDER
PURSUANT TO STIPULATION, IT IS ORDERED that this action be remanded to the

3 Superior Court of Marin County, California.
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Dated: July 8, 2015

5

Hon. Maria-Elena James
UNITED STATES MAGISTRATE JUDGE

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LEWIS

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4844-8725-5589.1

15-CV-02552 MEJ
[PROPOSED] ORDER