Sanchez v. Peacock Cupertino, Inc et al

Filing 13

STIPULATION AND ORDER 12 to Remand to State Court. ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 9/27/13. (jgS, COURT STAFF) (Filed on 9/27/2013)

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1 2 3 4 5 6 7 TOMAS E. MARGAIN, Bar No. 193555 HUY TRAN, Bar No. 288196 Justice at Work Law Group 84 W. Santa Clara St., Ste. 790 San Jose, CA 95113 Tel: (408) 317-1100 Fax: (408) 315-0150 Tomas@JAWLawGroup.com Huy@JAWLawGroup.com Attorneys for Plaintiff NAHUM HERNANDEZ SANCHEZ 8 UNITED STATES DISTRICT COURT 9 FOR NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 14 15 16 NAHUM HERNANDEZ SANCHEZ, Plaintiff, Case No.: CV 13-02107 RMW-HRL STIPULATION TO REMAND CASE TO STATE COURT v. PEACOCK CUPERTINO, INC.; JAY AND RAM; RAMCHANDER GOPALSWAMY; and VEERAVENKATA DURGAPRASAD VASIREDDY, 17 18 Defendants. 19 20 21 22 THE PARTIES HEREBY STIPULATE AS FOLLOWS THROUGH THEIR ATTORNEYS OF RECORD: 1. been served. Docket No. 6. 23 24 The Complaint was filed on May 8, 2013. Docket No. 1. All Defendants have 2. The parties have met and conferred on the merits of the case and agree that the proper venue should be the Superior Court of California. 25 3. The parties agree to toll any statute of limitations in effect. Plaintiff shall suffer -1- STIPULATION TO REMAND CASE TO STATE COURT 1 no prejudice in remanding this matter to the Superior Court of California, and all 2 of his rights in litigation are preserved in relation to the date of the filing of the Complaint in this action. 3 4 IT IS SO STIPULATED 5 6 FOR PLAINTIFF DATED: September 16, 2013 By: //s//Huy Tran//s// TOMAS MARGAIN HUY TRAN For Plaintiff By: //s// GAUTAM DUTTA For Defendants 7 8 9 FOR DEFENDANTS 10 11 DATED: September 20, 2013 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -2STIPULATION TO REMAND CASE TO STATE COURT 1 UNITED STATES DISTRICT COURT 2 FOR NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 7 8 9 NAHUM HERNANDEZ SANCHEZ, Case No.: CV 13-02107 RMW-HRL Plaintiff, [] ORDER GRANTING THE PARTIES’ STIPULATION TO REMAND CASE TO STATE COURT v. PEACOCK CUPERTINO, INC.; JAY AND RAM; RAMCHANDER GOPALSWAMY; and VEERAVENKATA DURGAPRASAD VASIREDDY, 10 11 12 13 14 Defendants. Based on the stipulation of counsel and good cause shown, this matter is remanded to the Superior Court of California. All applicable statute of limitations are tolled and Plaintiff’s rights in litigation are preserved as of May 8, 2013, the date the Complaint in this action was filed. 15 16 IT IS SO ORDERED 17 18 DATED: By: RONALD M. WHYTE United States Magistrate Judge 19 20 21 22 23 24 25 -3STIPULATION TO REMAND CASE TO STATE COURT

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