Chapman v. Waterbird Navigation, S.A. et al

Filing 7

ORDER by Magistrate Judge Maria-Elena James granting 6 Stipulation to Remand to State Court. (rmm2S, COURT STAFF) (Filed on 9/1/2016)

1 CONTE C. CICALA, State Bar No. 173554
[e-mail]
2 JEANINE S. TEDE, State Bar No. 177731
[e-mail]
3 CLYDE & CO US LLP
101 Second Street, 24th Floor
4 San Francisco, California 94105
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
GENERAL STEAMSHIP AGENCIES, INC.
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11 CAPT. DAVID CHAPMAN,

Case No. 3:16-cv-04887-MEJ

12

STIPULATION TO REMAND TO STATE
COURT; AND [PROPOSED] ORDER

Plaintiff,

13

v.

14 WATERBIRD NAVIGATION, S.A.; TOKYO
MARINE ASIA PTE LTD.; MILESTONE
15 CHEMICAL TANKERS AMERICA, INC.;
TM SHIPMANAGEMENT CO., LTD;
16 KINDER MORGAN TERMINALS, INC.;
KINDER MORGAN LIQUIDS
17 TERMINALS, LLC; WILMAR OILS &
FATS (STOCKTON), LLC; GENERAL
18 STEAMSHIP AGENCIES, INC.;
TRANSMARINE NAVIGATION CORP. and
19 DOES 1 through 45, inclusive,
20

Defendants.

21
22

STIPULATION TO REMAND ACTION TO STATE COURT

23

Plaintiff Captain David Chapman and Defendant General Steamship Agencies, Inc., the

24 only parties having appeared to date in this action, hereby agree and stipulate that this case is to be
25 remanded to state court, without prejudice to the rights of any party.
26 / / /
27 / / /
28 / / /
2250947

Case No. 3:16-cv-04887-MEJ
STIPULATION TO REMAND TO STATE COURT

1

The grounds for remand are that plaintiff has agreed to dismiss General Steamship

2 Agencies, Inc. (and another defendant, Transmarine Navigation Corporation) and has authorized
3 the filing of a dismissal of those parties upon remand. Based thereon, GSA no longer has a
4 practical interest in whether this action proceeds in state or federal court, and has therefore agreed
5 to remand, accordingly.
6 Dated: August 31, 2016

CLYDE & CO US LLP

7

By:

8
9

/s/ Conte C. Cicala
Conte C. Cicala
Jeanine S. Tede
Attorneys for Defendant
GENERAL STEAMSHIP AGENCIES, INC.

10

th

CLYDE & CO US LLP

101 Second Street, 24 Floor
San Francisco, California 94105
Telephone: [phone]

11 Dated: August 31, 2016

McGUINN, HILLSMAN & PALEFSKY

12

By:

13
14

/s/ John R. Hillsman
John R. Hillsman
Attorneys for Plaintiff
CAPT. DAVID CHAPMAN

15
16

L.R. 5-l(i) ATTESTATION

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18

In compliance with Local Rule 5-1(i), I hereby attest that counsel for Plaintiff Capt. David
Chapman has concurred in this filing.

19
20 Dated: August 31, 2016

/s/ Conte C. Cicala
Conte C. Cicala

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22
23

ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

25
26 Dated:
27

September 1, 2016

Hon. Maria-Elena James
United States Magistrate Judge

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2250947

Case No. 3:16-cv-04887-MEJ
STIPULATION TO REMAND TO STATE COURT