Garrett v. Savaseniorcare, Inc.

Filing 17

ORDER GRANTING 16 STIPULATION TO REMAND CASE TO CONTRA COSTA COUNTY SUPERIOR COURT. Signed by Judge Maria-Elena James on 4/22/2016. (cdnS, COURT STAFF) (Filed on 4/22/2016)

1 LEWIS BRISBOIS BISGAARD & SMITH LLP
REUBEN B. JACOBSON, SB# 167972
Email: [e-mail]
2
ANGELE K. CICALA, SB# 178774
Email: [e-mail]
3
333 Bush Street, Suite 1100
4 San Francisco, California 94104-2872
Telephone: [phone]
5 Facsimile: 415.434.0882
6 Attorneys for Defendants SAVASENIORCARE, LLC; SAVASENIORCARE ADMINISTRATIVE SERVICES, LLC;
SAVASENIORCARE CONSULTING, LLC; SSC PITSBURG OPERATING COMPANY, LP; SSC SUBMASTER
7 HOLDINGS,LLC;SSCOPERATINGCOMPANY,LP,dbaDIAMONDRIDGEHEALTHCARECENTER(erroneouslysuedand
servedasDiamondRidgeHealthcareCenter)
8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

11 JACKGARRETT,
Plaintiff,

12
13

CASE NO. 3:16-CV-01170 MEJ
STIPULATION AND ORDER TO REMAND
CASETOSTATECOURT

vs.

14 SAVASENIORCARE, INC.; SAVASENIORCARE, LLC;
SAVASENIORCARE ADMINISTRATIVE SERVICES,
15 LLC; SAVASENOIRCARE CONSULTING, LLC; SSC
PITTSBURG OPERATING COMPANY, LP; SSC
16 SUBMASTER HOLDINGS, LLC; DIAMOND RIDGE
HEALTHCARECENTER;andDOES1-100,inclusive,
17
Defendants.
18
19
20

RECITALS
1.

Plaintiff JACK GARRETT (“Plaintiff”) commenced this action by filing a complaint in

21 the Superior Court of the State of California in and for the County of Contra Costa (the “State Court”)
22 on or about February 2, 2016, against Defendants SAVASENIORCARE, LLC; SAVASENIORCARE
23 ADMINISTRATIVE SERVICES, LLC; SAVASENIORCARE CONSULTING, LLC; SSC
24 PITTSBURG OPERATING COMPANY, LP; SSC SUBMASTER HOLDINGS, LLC; SSC
25 OPERATING COMPANY, LP, dba DIAMOND RIDGE HEALTHCARE CENTER (erroneously
26 sued and served as Diamond Ridge Healthcare Center) (collectively “Defendants”), Contra Costa
27 County Superior Court Case No. C-16-00160. Plaintiff’s complaint alleged causes of action for: (1)

LEWIS

28 Elder Abuse, (2) Negligence, and (3) Violation of Patient’s Rights.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-6922-0655.1

1
STIPULATION AND ORDER TO REMAND CASE TO STATE COURT

3:16-CV-01170 MEJ

1

2.

On or about February 16, 2016, Plaintiff served his Complaint on all Defendants.

2

3.

On March 9, 2016, Defendants removed this matter to this Court based on Diversity

3 jurisdiction.
4.

4

Defendants did not answer Plaintiff’s Complaint in State Court. On March 17, 2016, a

5 Stipulation and Order Extending Time to File Responsive Pleading was filed with this Court. The
6 Order on Stipulation extended the time to file a responsive pleading until April 8. 2016. On April 7,
7 2016, a Second Stipulation and Order Extending Time to File Responsive Pleading was filed with this
8 Court extending the time to file a responsive pleading until April 22, 2016.
5.

9

The parties have further met and conferred and agree that each party will bear its own

10 costs and fees with regard to all efforts of removal to this Court as well as remand back to the State
11 Court.
12

STIPULATION

13

NOW, THEREFORE, Plaintiff and Defendants, by and through their attorneys of record,

14 hereby stipulate and agree that the action shall immediately be remanded to the Superior Court for the
15 State of California, County of Contra Costa.
16

IT IS SO STIPULATED.

17 DATED: April 22, 2016
18

STEBNER AND ASSOCIATES
By:

20

/s/ Kathryn Stebner
Kathryn A. Stebner, Esq.
Karman Guadagni, Esq.
Attorneys for Plaintiff JACK GARRETT

21 DATED: April 22, 2016

NEEDHAM KEPNER & FISH LLP

19

22

By:

23
24

/s/ Craig Needham
Craig Needham, Esq.
Kirsten Fish, Esq.
Attorneys for Plaintiff JACK GARRETT

25 / / /
26 / / /
27 / / /

LEWIS

28 / / /

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-6922-0655.1

2
STIPULATION AND ORDER TO REMAND CASE TO STATE COURT

3:16-CV-01170 MEJ

1 DATED: April 22, 2016
2

LEWIS BRISBOIS BISGAARD & SMITH
By:

3
4
5
6
7

LLP

/s/ Angele K. Cicala
Angele K. Cicala
Attorneys for Defendants
SAVASENIORCARE,LLC;SAVASENIORCAREADMINISTRATIVE
SERVICES, LLC; SAVASENIORCARE CONSULTING, LLC; SSC
PITSBURG OPERATING COMPANY, LP; SSC SUBMASTER
HOLDINGS,LLC;SSCOPERATINGCOMPANY,LP,dbaDIAMOND
RIDGEHEALTHCARECENTER(erroneouslysuedandservedasDiamond
RidgeHealthcareCenter)

8
9

I hereby attest that I have on file all holographic signatures corresponding to any

10 signatures indicated by a conformed signature (/s/) within this e-filed document.
11 DATED: April 22, 2016
12

LEWIS BRISBOIS BISGAARD & SMITH
By:

13
14
15
16
17

LLP

/s/ Angele K. Cicala
Angele K. Cicala
Attorneys for Defendants
SAVASENIORCARE,LLC;SAVASENIORCAREADMINISTRATIVE
SERVICES, LLC; SAVASENIORCARE CONSULTING, LLC; SSC
PITSBURG OPERATING COMPANY, LP; SSC SUBMASTER
HOLDINGS,LLC;SSCOPERATINGCOMPANY,LP,dbaDIAMOND
RIDGEHEALTHCARECENTER(erroneouslysuedandservedasDiamond
RidgeHealthcareCenter)

18
19
20
21
22
23
24
25
26
27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-6922-0655.1

3
STIPULATION AND ORDER TO REMAND CASE TO STATE COURT

3:16-CV-01170 MEJ

ORDER

1
2

This Court having reviewed the foregoing and good cause appearing therein, orders this case to

3 be remanded to State Court.
4
5

IT IS SO ORDERED.
DATED: April 22, 2016
HON.MARIA-ELENAJAMES
MAGISTRATEJUDGEOFTHEUNITEDSTATESDISTRICTCOURT

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4812-6922-0655.1

3:16-CV-01170 MEJ
ORDER TO REMAND CASE TO STATE COURT