Flores v. Dollar Tree Stores, Inc.

Filing 21

ORDER REMANDING CASE, PROPOSED AMENDED COMPLAINT IS DEEMED FILED., Motions terminated: 20 STIPULATION WITH PROPOSED ORDER re 19 MOTION to Amend/Correct Complaint and for Remand filed by Maria Flores, 19 MOTION to Amend/Correct Complaint and for Remand filed by Maria Flores. Signed by Judge Susan Illston on 6/20/17. (tfS, COURT STAFF) (Filed on 6/21/2017) Modified on 6/21/2017 (tfS, COURT STAFF).

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Steven R. Jacobsen, Esq. (SBN 95246)
LAW OFFICES OF STEVEN R.
JACOBSEN
825 Washington Street, Suite 300
Oakland, CA 94607-4079
Telephone: [phone]
Email: [e-mail]
Attorney for Plaintiff
MARIA FLORES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
)
)
Plaintiff,
)
)
vs.
)
DOLLAR TREE STORES, INC., et al., )
)
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Defendants.
)
)
MARIA FLORES,

Case No.: 17-cv-01090-SI
STIPULATED AGREEMENT TO
FILING AMENDED COMPLAINT
AND REMANDING TO STATE
COURT;
PROPOSED ORDER

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Plaintiff Maria Flores (“Plaintiff”) and Defendant Dollar Tree Stores, Inc.,

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(“Defendant”) by and through their respective counsel, hereby agree and stipulate

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as follows:

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WHEREAS this action was originally filed in the Superior Court of the State
of California, County of Alameda.
WHEREAS Defendant removed the state court action to federal court on the
basis of diversity jurisdiction (dkt 1).

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WHEREAS Plaintiff has filed a motion to amend the complaint herein to

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name Brenda Fowler, whom the parties are informed and believe is a resident of

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the State of California, as a defendant (which will destroy complete diversity), and

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to remand this action to the Superior Court of Alameda County (dkt 19).

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WHEREAS Defendant has elected not oppose Plaintiff’s proposed
-1STIPULATED AGREEMENT TO FILING AMENDED COMPLAINT AND REMANDING TO STATE COURT;
PROPOSED ORDER

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amendment, acknowledges that the proposed amendment will destroy complete

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diversity, and acknowledges that remand to the Superior Court of Alameda County

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is therefore proper.
THEREFORE, Plaintiff and Defendant stipulate to entry of an order as

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follows:

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1.

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Complaint naming defendant Brenda Fowler in this action; and
2.

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Upon the filing of the Amended Complaint, this action shall be

remanded to the Superior Court of the State of California, County of Alameda.
IT IS SO STIPULATED

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Plaintiff shall be granted leave to file the proposed Amended

DATED: June 20, 2017.

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By: __/s/ Steven R. Jacobsen
Steven R. Jacobsen
Attorney for Plaintiff
MARIA FLORES

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DATED: June 20, 2017.

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By: __/s/ Roger W. Backlar
Roger W. Backlar
Attorney for Defendant
DOLLAR TREE STORES, INC.

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I, Steven R. Jacobsen, the filer of this document, attest that all other

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signatories listed, and on whose behalf the filing is submitted, concur in the filing’s

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content and have authorized the filing.

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DATED: June 20, 2017.

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By: __/s/ Steven R. Jacobsen
Steven R. Jacobsen
Attorney for Plaintiff
MARIA FLORES

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//
//
-2STIPULATED AGREEMENT TO FILING AMENDED COMPLAINT AND REMANDING TO STATE COURT;
PROPOSED ORDER

ORDER

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Upon the parties’ stipulation, and for good cause, IT IS HEREBY
ORDERED that:
1.

Plaintiff is granted leave to file the proposed Amended Complaint

naming defendant Brenda Fowler in this action; and
2.

Upon the filing of the Amended Complaint, this action shall be

remanded to the Superior Court of the State of California, County of Alameda.
IT IS SO ORDERED.

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6/20/17
Dated: ___________________.

By: ________________________________
SUSAN ILLSTON
United States District Judge

Proposed Amended Complaint is ordered filed.
Court.

Action remanded to Alameda Superior

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-3STIPULATED AGREEMENT TO FILING AMENDED COMPLAINT AND REMANDING TO STATE COURT;
PROPOSED ORDER