HMBY, LP et al v. The City of Soledad et al

Filing 61

STIPULATION AND ORDER REMANDING CASE re 60 STIPULATION WITH PROPOSED ORDER Remanding Complaint and Counterclaim filed by The City of Soledad. Signed by Magistrate Judge Howard R. Lloyd on 12/20/2013. The clerk shall close the file. (hrllc1, COURT STAFF) (Filed on 12/20/2013) Modified on 12/20/2013.

*E-Filed: December 20, 2013*

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Vincent P. Hurley #111215
Amanda M. Cohen #243946
LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation
38 Seascape Village
Aptos, California 95003
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant/Counterclaimant
CITY OF SOLEDAD

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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)
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Plaintiffs,
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vs.
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CITY OF SOLEDAD; and DOES 1 50, )
inclusive,
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Defendants.

HMBY, LP, a limited partnership, and
NADER T. AGHA, an individual,

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STIPULATION AND [PROPOSED]
ORDER REMANDING COMPLAINT
AND COUNTERCLAIM

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Case No. C12-00107-HRL

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AND RELATED COUNTERCLAIM

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IT IS HEREBY STIPULATED by and between the parties to this action, through their
respective attorneys of record, as follows:

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Whereas, on November 8, 2013, the patties filed a Stipulation of Dismissal,

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pursuant to Federal Rule of Civil Procedure 41(a), wherein Plaintiffs voluntarily dismissed the

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first, second, third, fourth, fifth, sixth and eighth claims from their verified first amended

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complaint; and

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2.

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of the Court; and

Whereas the dismissal through stipulation took effect immediately, without order

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Stip & [Proposed] Order to Remand

Case No. Cl2-00107-HRL

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federal questions presented in claims that were dismissed from Plaintiffs' complaint; and

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Whereas the counterclaim asserted by the City of Soledad states no federal

claims; and

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Whereas the jurisdictional basis for removal of this action to federal court was the

Whereas no federal claim remains in the entire action, the parties' remaining

claims, all arising under state law, are best adjudicated by a state court; and

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6.

Whereas remand will unburden the District Comt of this litigation and allow the

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action to proceed more efficiently and cost effectively in the Monterey County Superior Court;

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and

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II

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Whereas remand will give the parties another opportunity to attempt to resolve th

case without a trial;

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8.

The parties agree and hereby request that the Court decline to exercise continuing

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supplemental jurisdiction over the parties' remaining claims and remand the action to the

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Monterey County Superior Court, and the parties hereby move the Court for an order to that

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effect.
IT IS SO STIPULATED.

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Dated: December 3, 2013

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LAW OFFICES OF VINCENT P. HURLEY
A Professional Corporation

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By:

Is! Amanda Cohen
AMANDA COHEN
Attorneys for Defendant CITY OF SOLEDAD

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Dated:
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Decembe/~2013

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ORDER

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Stip & [Proposed] Order to Remand

Case No. C12-00107-HRL

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Pursuant to stipulation of the parties, and good cause appearing, IT IS ORDERED that

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this Court declines to exercise continuing supplemental jurisdiction over the remaining claims

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and hereby remands the entire action to the Superior Court of Monterey County, State of

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California.

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Dated:

12/20/13

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United States Magistrate Judge

Howard R. Lloyd

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Stip & {Proposed] Order to Remand

Case No. Cl2-00107-HRL