Ratliff v. TROJAN CAPITAL INVESTMENTS, LLC et al

Filing 21

STIPULATION AND ORDER TO REMAND re 18 STIPULATION WITH PROPOSED ORDER re 16 Order on Motion to Amend/Correct filed by Reginald Ratliff, ***Civil Case Terminated. Signed by Magistrate Judge Kandis A. Westmore on 12/8/16. (sisS, COURT STAFF) (Filed on 12/8/2016)

1 Matthew D. Mellen (Bar No. 233350)
Sarah Shapero (Bar No. 281748)
2 MELLEN LAW FIRM
One Embarcadero Center, Fifth Floor
3 San Francisco, CA 94111
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorney for Plaintiff,
REGINALD RATLIFF
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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11 REGINALD RATLIFF, an individual;
Plaintiff,

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Case No.: 4:16-cv-06172-KAW
JOINT STIPULATION TO ALLOW
PLAINTIFF TO FILE AND SERVE A
THIRD AMENDED COMPLAINT AND
TO REMAND THIS ACTION TO
STATE COURT; [PROPOSED] ORDER
THEREON

vs.

14 TROJAN CAPITAL INVESTMENTS, LLC, a
Wyoming Limited Liability Company; TRINITY
15 FINANCIAL SERVICES, LLC, a Wyoming
Limited Liability Company; and DOES 1
16 through 50, inclusive,
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Defendants.

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Plaintiff Reginald Ratliff (hereinafter, “Plaintiff”),Defendant Trojan Capital Investments,

21 LLC (hereinafter, “Trojan”), and Defendant Trinity Financial Services, LLC (hereinafter, “Trinity”)
22 by and through their undersigned counsel, hereby respectfully submit the following Joint
23 Stipulation and [Proposed] Order to Allow Plaintiff to file and serve the Third Complaint for
24 Damages and Equitable Relief (hereinafter, “Third Amended Complaint”) (Doc. No. 11-2 filed
25 11/10/16), attached hereto as Exhibit A and to remand this action to State Court. Trinity and
26 Trojan are collectively referred to hereinafter as “Defendants.” Plaintiff, Trojan, and Trinity are
27 collectively referred to hereinafter as the “Parties.”
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JOINT STIPULATION TO ALLOW AMENDMENT AND REMAND AND [PROPOSED] ORDER
C:\Users\Cabezas-F\Desktop\Stip to Amend and Remand.doc

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STIPULATION
WHEREAS, this action was filed originally in the Alameda County Superior Court, Case

3 Number HG15789502 on or around October 14, 2015 (“State Court Action”) alleging causes of
4 action for wrongful foreclosure, negligent misrepresentation and fraud;
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WHEREAS, Plaintiff filed a First Amended Complaint in the State Court Action on or

6 around December 23, 2015 alleging causes of action for violations of the Homeowner’s Bill of
7 Rights, Negligence, Negligent Misrepresentation, Fraud, and Unfair Business Practices;
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WHEREAS, Plaintiff filed a Second Amended Complaint in the State Court Action on or

9 around October 13, 2016 alleging causes of action for violations of the Homeowner’s Bill of
10 Rights, Negligence, Violation of 12 U.S.C. § 2605, Violation of Cal. Civ. Code § 1788.11, and
11 Violations of the Business Professions Code;
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WHEREAS, Defendants removed the State Court Action to this Court on or around

13 October 25, 2016, pursuant to 28 U.S.C. §1331, based on Federal subject matter jurisdiction;
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WHEREAS, the Parties met and conferred with respect to the dismissal of the third cause

15 of action for violation of 12 U.S.C. §2605 found in the Second Amended Complaint prior to the
16 filing of Plaintiff’s Motion to Amend, however, the Parties were not able to come to an agreement;
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WHEREAS, the Parties now agree to allow Plaintiff to file the attached Third Amended

18 Complaint;
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WHEREAS, the Parties agree that it would be appropriate to remand this action to the

20 Alameda County Superior Court; and
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NOW THEREFORE, the Parties agree and stipulate as follows:

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That the Court permit Plaintiff to file the Third Amended Complaint attached hereto as

23 Exhibit “A;”
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That service of the Third Amended Complaint shall be deemed to occur when the Court

25 orders the Complaint filed;
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That this matter be remanded to the Alameda County Superior Court; and

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That Defendants shall have thirty (30) days in which to file and serve responsive pleadings

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JOINT STIPULATION TO ALLOW AMENDMENT AND REMAND AND [PROPOSED] ORDER
C:\Users\Cabezas-F\Desktop\Stip to Amend and Remand.doc

1 to the Third Amended Complaint starting from when the U.S. District Court notifies the Parties
2 that and this matter is remanded and transferred back to Alameda County Superior Court..
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5 Respectfully submitted,
6 DATED: December 6, 2016

BURKE, WILLIAMS & SORENSEN, LLP

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By: _/s/ Fabio Cabezas__
Richard Reynolds
Fabio Cabezas

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Attorneys for Defendants

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DATED: December 6, 2016

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MELLEN LAW FIRM
By: _/s/ Sarah Shapero
Matthew Mellen
Sarah Shapero

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Attorneys for Plaintiff

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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12/8/16
19 DATED: ______________________

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Honorable Kandis A. Westmore
United States Magistrate Judge

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JOINT STIPULATION TO ALLOW AMENDMENT AND REMAND AND [PROPOSED] ORDER
C:\Users\Cabezas-F\Desktop\Stip to Amend and Remand.doc