Hilt et al v. C.C. Moore & Co. Engineers et al

Filing 21

ORDER Granting 20 Stipulation TO REMAND ACTION TO STATE COURT. Signed by Judge Claudia Wilken on 3/1/2011. (ndr, COURT STAFF) (Filed on 3/1/2011)

Hilt et al v. C.C. Moore & Co. Engineers et al

Doc. 21

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ATTORNEYS AT LAW 222 RUSH LANDING ROAD P O BOX 6169 NOVATO, CALIFORNIA 94948-6169 [phone]

ALAN R. BRAYTON, ESQ., S.B. #73685 DAVID R. DONADIO, ESQ., S.B. #154436 RICHARD M. GRANT, ESQ., S.B. #55677 BRAYTON~PURCELL LLP Attorneys at Law 222 Rush Landing Road P.O. Box 6169 Novato, California 94948-6169 [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN CALIFORNIA OF CALIFORNIA

BRAYTON~PURCELL LLP

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GERALDINE HILT, as Wrongful Death Heir, and as Successor-in-interest to ROBERT HILT, Deceased; and SHERLYN HILT, KRISHA TINDALL, DARPHINE ROLAND, and KIMBERLY CRAWFORD, as Legal Heirs of ROBERT HILT, Deceased, Plaintiffs, vs. C.C. MOORE & CO. ENGINEERS; et al., Defendants

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No. 4:10-cv-05844 CW STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON [Local Rules 7-1 and 7-12; FRCP 41] Date: March 3, 2011 Time: 2:00 p.m. Courtroom: 2, 4th floor Judge: Hon. Claudia Wilken

Comes now Plaintiffs GERALDINE HILT, as Wrongful Death Heir, and as Successorin-interest to ROBERT HILT, Deceased; and SHERLYN HILT, KRISHA TINDALL, DARPHINE ROLAND, and KIMBERLY CRAWFORD, as Legal Heirs of ROBERT HILT, Deceased, ("Plaintiffs") and Defendant OTIS ELEVATOR COMPANY ("OTIS"), who file the following joint stipulation pursuant to Local Rules 7-1 and 7-12: WHEREAS, Defendant OTIS removed this case to the United States District Court for the Northern District of California on December 22, 2010, on the ground that the Court has "federal officer" subject matter jurisdiction under 28 U.S.C. section 1442(a) based on Plaintiffs' allegations that decedent's injury was caused by alleged exposure to asbestos in
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STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON;4:10-cv-05844 CW

Dockets.Justia.com

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OTIS's products on various U.S. Navy vessels, and on defendant's allegations that the products were manufactured under the supervision and control of the United States government; and WHEREAS, Defendant OTIS was the sole removing defendant and no other defendant joined in removal or filed a separate notice of removal; and WHEREAS, Plaintiffs and Defendant OTIS, the affected parties, have now reached a resolution of Plaintiffs' claims against OTIS whereby Plaintiffs agree to waive all claims against claims against OTIS relating to or arising out of plaintiff's asbestos exposure at military jobsites or aboard U.S. Navy vessels; and WHEREAS, Plaintiffs will file a formal waiver of said claims with the Court prior to the filing of this Stipulation; and WHEREAS, Defendant OTIS'S desire for a federal forum for this action is now moot given the resolution of the aforesaid claims against it; and WHEREAS, pursuant to the parties' resolution, Plaintiffs and Defendant OTIS seek to have this action remanded to state court, IT IS HEREBY STIPULATED by the affected parties, Plaintiffs and Defendant OTIS that this action shall be, and hereby is immediately remanded to the San Francisco County Superior Court, the court in which it was originally filed and from which it was removed. Dated: February , 2011 BRAYTON ~PURCELL LLP

By: Richard Grant Attorneys for Plaintiffs

Dated: February

, 2011

TUCKER ELLIS & WEST LLP

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Lance D. Wilson Attorneys for Defendant OTIS ELEVATOR COMPANY

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STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON;4:10-cv-05844 CW

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PURSUANT TO STIPULATION, IT IS SO ORDERED. This case is REMANDED to the Superior Court of California, County of San Francisco, Case No. CGC-10-275703. The Clerk shall send a certified copy of this Order to the Clerk of the Court for the Superior Court of California, County of San Francisco.

Dated: March 1, 2011

By: CLAUDIA WILKEN United States District Judge

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STIPULATION TO REMAND ACTION TO STATE COURT AND ORDER THEREON;4:10-cv-05844 CW