Phillip and Joanne Wyatt et al v. Wells Fargo Bank, N.A. et al

Filing 10

ORDER REMANDING CASE. The Clerk shall close the file and terminate any pending motions. Signed by Judge Koh on 9/3/2010. (lhklc3, COURT STAFF) (Filed on 9/3/2010)

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Phillip and Joanne Wyatt et al v. Wells Fargo Bank, N.A. et al Doc. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RONALD WILCOX, Bar #177601 Attorney at Law 2160 The Alameda, Suite F, San Jose, CA 95126 Tel: (408) 296-0400 Fax: (408) 296-0486 Counsel for Plaintiff PHILLIP and JOANNE WYATT U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ____________________________________ PHILLIP and JOANNE WYATT, ) Civil Action No.10-03553 LHK ) Plaintiff. ) ) v. ) ) WELLS FARGO BANK, N.A., WELLS ) STIPULATION TO REMAND FARGO FINANCIAL CALIFORNIA, INC. ) TO SUPERIOR COURT and WELLS FARGO FINANCIAL NATIONAL) [Proposed] ORDER BANK, NATASHA DOE, STEPHANIE ) DOE, ANNA DOE, and DOES 1-10, ) ) Defendants. ) ____________________________________) Plaintiffs filed this action originally in Santa Clara Superior Court. On August 12, 2010 some of the Defendants removed the matter to federal court alleging federal subject matter jurisdiction pursuant to the Telephone Consumer Protection Act, 47 U.S.C. 227. The parties have agreed that while 47 U.S.C. 227 is a federal statute, state courts have exclusive jurisdiction regarding a cause of action under this statute. Murphey v. Lanier, 204 F.3d 911, 915 (9th Cir. 2000). Furthermore, agreement by all defendants is required for removal to federal court. Thus, the parties stipulate and agree that the case be remanded to Santa Clara Superior Court (110-CV-175840). 1 STIPULATION TO REMAND and [Proposed] ORDER 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Each party shall bear its own costs and expenses incurred in connection with defendants' removal and the subsequent remand at this time. In the event Plaintiffs are successful in this action they can seek their fees and costs relating to the remand and removal at that time. Respectfully submitted, /s/Ronald Wilcox Ronald Wilcox, Attorney for Plaintiff /s/Raymond Cho Raymond Cho, Attorney for Defendants 9/2/10 Date 9/2/10 Date [Proposed] ORDER The Court hereby adopts the parties' stipulation. This matter is remanded to the Superior Court. Each party shall bear its own costs and expenses incurred in connection with defendants' removal and the subsequent remand at this time. In the event Plaintiffs are successful in this action they can seek their fees and costs relating to the remand and removal at that time. 17 18 19 20 21 22 23 24 25 2 IT IS SO ORDERED. Date: September 3, 2010 ____________________________________ HON. LUCY KOH U.S. DISTRICT COURT JUDGE 2 STIPULATION TO REMAND and [Proposed] ORDER

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