Richard v. A-Para Transit Corp.

Filing 27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Stipulation TO REMAND ACTION TO STATE COURT.(ndrS, COURT STAFF) (Filed on 3/16/2018)

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KENNETH S. GAINES, ESQ. SBN 049045
[e-mail]
DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
ALEX P. KATOFSKY, ESQ. SBN 202754
[e-mail]
EVAN S. GAINES, ESQ. SBN 287668
[e-mail]
GAINES & GAINES, APLC
27200 Agoura Road, Suite 101
Calabasas, CA 91301
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Roy Richard, on behalf of himself and all “aggrieved employees” pursuant to
Labor Code § 2698 et seq.

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UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ROY RICHARD, on behalf of himself and all
“aggrieved employees” pursuant to Labor
Code § 2698 et seq.,
Plaintiff,

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v.
A-PARA TRANSIT CORP., a California
corporation, and DOES 1 through 10,
inclusive,

Case No. 4:17-cv-05299-HSG
Hon. Haywood S. Gilliam, Jr.
STIPULATION BY PARTIES TO
REMAND ACTION TO STATE COURT;
ORDER THEREON
Complaint Filed: August 4, 2017
Action Removed: September 13, 2017

Defendants.

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STIPULATION BY PARTIES TO REMAND ACTION TO STATE COURT; ORDER THEREON

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RECITALS

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Plaintiff ROY RICHARD (“Plaintiff”) and Defendant A-PARA TRANSIT CORP, a

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California corporation (“Defendant”) (together as the “Parties”), through their respective counsel of

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record, hereby stipulate and agree as follows:

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WHEREAS, on August 4, 2017, Plaintiff individually and on behalf of all “aggrieved

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employees” under the Private Attorneys General Act (“PAGA”), filed a Representative Action in

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the Superior Court of California, County of Alameda, Case No. HG 17 870373 (“the Complaint”).

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WHEREAS, Defendant was served with the Complaint on August 14, 2017.

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WHEREAS, on September 13, 2017, Defendant filed a Notice of Removal of the

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Complaint and removed the Action to this Court.
WHEREAS, on September 13, 2017, this case was assigned to Magistrate Judge Joseph S.

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Spero.

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WHEREAS, on September 29, 2017, this case was reassigned to this Court.

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WHEREAS, on January 11, 2018, the Parties attended a mediation with Francis Ortman,

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Esq., but were not successful at reaching a resolution. The Parties, however, are continuing to

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discuss resolution.

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WHEREAS, Plaintiff and Defendant have met and conferred regarding Plaintiff’s intent to
file a motion to remand this action to the State Court.

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WHEREAS, the Parties, after further meet and confer efforts, have agreed to remand this

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action to the State Court, subject to Plaintiff’s filing of the First Amended Complaint, which revises

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the claims he is asserting to, among other things, exclude Defendants’ unionized employees who are

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subject to a collective bargaining agreement from certain claims.

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WHEREAS, Defendant does not hereby, or otherwise, admit the sufficiency of the
allegations in the First Amended Complaint or the truth of any fact or claim alleged therein.

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WHEREAS, on March 1, 2018, this Court granted the parties' request to e-file the First

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Amended Complaint and directed the parties to file a stipulation and proposed order remanding the

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case after Plaintiff filed the First Amended Complaint.

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WHEREAS, Plaintiff e-filed the First Amended Complaint on March 5, 2018.

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STIPULATION BY PARTIES TO REMAND ACTION TO STATE COURT; ORDER THEREON

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WHEREAS, I, Daniel F. Gaines, attest that Keahn Morris has concurred to the filing of this
stipulation.

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STIPULATION

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BASED UPON THE FOREGOING, IT IS HEREBY STIPULATED as follows:

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1.

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This Action shall immediately be remanded to the Superior Court for the State of

California, County of Alameda.
IT IS SO STIPULATED.
Dated: March 16, 2018

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GAINES & GAINES
A Professional Law Corporation

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By: /s/ Daniel F. Gaines
DANIEL F. GAINES
ALEX P. KATOFSKY
Attorney for Plaintiff

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Dated: March 16, 2018

SHEPPARD MULLIN RICHTER & HAMPTON LLP

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By: /s/ Keahn N. Morris
MORGAN P. FORSEY
KEAHN N. MORRIS
Attorneys for Defendant

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STIPULATION BY PARTIES TO REMAND ACTION TO STATE COURT; ORDER THEREON

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ORDER
Pursuant to the above Stipulation between th Parties, a for good cause app
t
e
n
he
and
pearing, the
Court hereby ORD
DERS as follows:
1. The Action is imm
mediately rem
manded to th Superior Court of Ca
he
alifornia for the County

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of Alam
meda.

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RED.
IT IS SO ORDER

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_____
__________
___________
________
JUDG HAYWO
GE
OOD S. GILLIAM, JR.

Dated March 16, 2018
d:

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STIPULAT
TION BY PAR
RTIES TO REM
MAND ACTIO TO STATE COURT; OR
ON
E
RDER THERE
EON