LPL Financial, LLC et al v. Briley et al

Filing 19

STIPULATION AND ORDER REMANDING CASE re 18 STIPULATION WITH PROPOSED ORDER Stipulation with Proposed Order to Remand filed by William Hastie, LPL Financial, LLC. Signed by Magistrate Judge Howard R. Lloyd on 10/16/2013. (hrllc1, COURT STAFF) (Filed on 10/16/2013)

*E-Filed: October 16, 2013*
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David S. Markun (SBN 108067)
Daria Dub Carlson (SBN 150628)
MARKUN ZUSMAN FRENIERE & COMPTON LLP
17383 Sunset Boulevard, Suite A380
Pacific Palisades, California 90272
Telephone: [phone]
Facsimile: (31 0) 454-5970
Email: [e-mail]
Email: [e-mail]
EdwardS. Zusrnan (SBN 154366)
Oriet Cohen-Supple (SBN 206781)
MARKUN ZUSMAN FRENIERE & COMPTON LLP
465 California Street, 5th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Jon R. Giffen (SBN 142158)
KENNEDY ARCHER & HARRA Y
24591 Silver Cloud Ct. #200
Monterey, California 93940
Telephone: [phone]
Facsimile: (831) 3 73-7555
Email: [e-mail]

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Attorneys for Plaintfffs LPL Financial, LLC and

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William Hastie
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE

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LPL FINANCIAL, LLC, a California
limited liability company; and
WILLIAM HASTIE, an individual,

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Plaintiffs,

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Cage No.

c~ 13

1207 HRL

STIPULATION AND [PROPOSED) ORDER TO
REMAND REMOVED ACTION

v.
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MIKE T. BRILEY, et al.,
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Defendants.
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IT IS HEREBY STIPULATED by and between the plaintiffs LPL Financial, LLC, and

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William Hastie ("Plaintiffs") on one hand, and defendants Michael T. Briley, Steve Shearn, F.
STIPULATION AND [PROPOSED I ORDER TO REMAND REMOVED ACl'ION- CASE NO. C-13 1207 HRL

Warren Wayland, Hayashi & Wayland Accounting and Consulting, LLP, Hayashi & Wayland

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Retirement Plan Services, Hayashi & Wayland Administrative and Insurance Services, Inc.,
Hayashi & Wayland Investment Services, LLC, and Leigh Jeter ("Defendants") on the other
hand, (collectively "Parties"), through their respective attorneys of record as follows :

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STIPULATION

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the State of California in and for the County of Monterey entitled LPL Financial, LLC, and

William Hastie vs. Mike Briley, et al., case number M 121336 (the "Action").

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2.

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§ 1030(a).
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Complaint that omitted Plaintiffs' claim for computer fraud under 18 U.S.C. § 1030(a) ("SAC").
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THEREFORE, IT IS HEREBY STIPULATED BETWEEN THE PARTIES THAT:

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On October 8, 2013, Plaintiffs filed the SAC with this Court, which omitted the 18

U.S.C. § 1030(a) claim and, in turn, the basis for this Court's jurisdiction over the Action.

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On October 8, 2013 honorable magistrate judge Howard R. Lloyd entered an

Order permitting Plaintiffs to file the SAC.

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On September 23, 2013, the parties filed a Stipulation and [Proposed] Order with

this Court pursuant to which the Defendants stipulated that Plaintiffs may file a Second Amended

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On March 21, 2013, the Defendants completed the removal process by filing a

conformed copy of the Notice of Removal with Monterey County Superior Court.

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On March 19,2013, the Defendants filed a Notice ofRemoval ofthe Action to this

Court, pursuant to U .S.C. § 1441 (b) based on Plaintiffs' claim of computer fraud under 18 U .S.C.

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On or about January 30,2013, the Defendants accepted service ofthe First

Amended Complaint, to which the Defendants filed an Answer on March 15, 2013.

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On January 11, 2013, the Defendants accepted service of the Complaint.

3.

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On December 31, 2012, Plaintiffs commenced an action in the Superior Court of

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The Action should immediately be remanded to the Monterey County Superior

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Each Party shall bear his/her/its/their own attorneys' fees and costs with respect to

Court.

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STIPULATION AND [PROPOSED[ ORDER TO REMAND REMOVED ACTION- CASE NO. C-13 1207 HRL

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the removal and subsequent remand of the Action pursuant to this stipulation.

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This Stipulation moots all pending deadlines, and hearings in this case should be

taken off the Court's calendar.

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This Stipulation shall not be construed as an admission or statement that the

Action was improperly removed to federal court.

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Dated: 10/3/2013

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c ,1w Lt-v----

~ J. ___

DAVIDS. MARKUN
MARKUN ZUSMAN FRENIERE & COMPTON LLP

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Counsel for Plaintiffs

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Dated: 10/3/2013

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Counsel for Defendants

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STIPULATION AND !PROPOSED) ORDER TO REMAND REMOVED A<..'TION- CASE NO. C-131207 HRL

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ORDER
THE COURT, HAVING REVIEWED THE STIPULATION AND HAVING
DETERMINED THAT GOOD CAUSE EXISTS, ORDERS AS FOLLOWS:

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The Parties' Stipulation is approved;

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Northern District of California case number C-13 1207 HRL; titled LPL

FINANCIAL LLC AND WILLIAM HASTIE V. MIKE T. BRILEY, et al.; is hereby remanded to the

Superior Court of California, County ofMonterey.

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IT IS SO ORDERED.

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Dated: October_, 2013
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HON. HOWARD R. LLOYD
UNITED DISTRICT COURT MAGISTRATE JUDGE

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STIPUI..ATION AND !PROPOSED] ORDER TO REMAND REMOVED ACTION- CASE NO. C-131207 HRL