Gill et al v. Safeco Insurance Company of America

Filing 20

STIPULATION AND ORDER Remanding Case to Superior Court by Judge Richard A Jones. (TH) (cc: King County Superior Court)

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Honorable Richard A. Jones
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AMRIK GILL and HARNIT GILL, husband
and wife and the marital community comprised
thereof,

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Plaintiffs,

No. 2:18-cv-00244 RAJ
STIPULATED MOTION AND ORDER
REMANDING CASE TO SUPERIOR
COURT

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vs.
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SAFECO INSURANCE COMPANY OF
AMERICA, a foreign insurance company; and
AMERICA'S ELITE INC., a Washington
corporation,
Defendants.

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STIPULATION
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Plaintiffs Amrik Gill and Harnit Gill, and defendants Safeco Insurance Company of
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America (“Safeco”) and America’s Elite, Inc. (“AEI”), hereby jointly move and stipulate to an
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order remanding this action to the King County Superior Court, State of Washington.
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STIPULATED MOTION AND ORDER
REMANDING CASE TO SUPERIOR COURT – PAGE 1
CAUSE NO. 2:18-CV-00244
2036158 / 1377.0037

FORSBERG & UMLAUF, P.S.
ATTORNEYS AT LAW
901 FIFTH AVENUE  SUITE 1400
SEATTLE, WASHINGTON 98164-1039
[phone]  [phone] FAX

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On February 15, 2018, pursuant to 28 USC §§ 1332, 1441 and 1446, defendants jointly

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removed this case from the Superior Court of the State of Washington, County of King, to the

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United States District Court, Western District of Washington, based on diversity of citizenship

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and the amount in controversy exceeding $75,000. In their Joint Notice to Removal (see Docket

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at 2), defendants alleged that plaintiffs’ claims against AEI were without merit, and that AEI was

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thus fraudulently joined in order to defeat diversity jurisdiction.

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On March 1, 2018, plaintiffs filed a Motion to remand this matter back to State Court, on

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the basis that—inter alia—their Complaint asserted a valid negligence claim against AEI (see

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Docket at 16).

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Neither Safeco nor AEI wish to oppose plaintiffs’ Motion to Remand. As such, IT IS

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HEREBY STIPULATED, by and between the parties hereto through their respective attorneys,

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as follows:

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1.

Pursuant to 28 U.S.C. §§ 1447(c) and 1447(d), all further proceedings in this case

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are REMANDED to the Superior Court for King County in the state of Washington, without fees

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or costs to either party;

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2.

The Clerk of the Court shall send copies of this order to all counsel of record for

all parties,
3.

Pursuant to 28 U.S.C. § 1447(c), the Clerk of the Court shall mail a certified copy

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of the order of remand to the Clerk of the Court for the Superior Court for King County,

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Washington,

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4.

The Clerk of the Court shall also transmit the record herein to the Clerk of the

Court for the Superior Court for King County, Washington,

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STIPULATED MOTION AND ORDER
REMANDING CASE TO SUPERIOR COURT – PAGE 2
CAUSE NO. 2:18-CV-00244
2036158 / 1377.0037

FORSBERG & UMLAUF, P.S.
ATTORNEYS AT LAW
901 FIFTH AVENUE  SUITE 1400
SEATTLE, WASHINGTON 98164-1039
[phone]  [phone] FAX

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5.

The parties shall file nothing further in this matter, and instead are instructed to

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seek any further relief to which they believe they are entitled from the courts of the state of

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Washington, as may be appropriate in due course, and

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6.

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The foregoing is so stipulated by the parties through their undersigned counsel, and

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The Clerk of the Court shall CLOSE this case.

presented to the Court for endorsement.

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Dated this 7th day of March, 2018.

Dated this 7th day of March, 2018.

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FORSBERG & UMLAUF, P.S.

PREG O'DONNELL & GILLETT

s/ Miles J.M. Stewart________________
Matthew S. Adams, WSBA No. 18820
Miles J.M. Stewart, WSBA No. 46067
Attorneys for Defendant
Safeco Insurance Company of America

s/ Debra Dickerson__________________
Mark F. O'Donnell, WSBA No. 13606
Debra Dickerson, WSBA No. 20397
Attorneys for Defendant
America’s Elite Inc.

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Dated this 7th day of March, 2018.

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KELLER ROHRBACK, LLP

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Ian S. Birk_________________________
William C. Smart, WSBA No. 8192
Ian S. Birk, WSBA No. 31431
Kathryn M. Knudsen, WSBA No. 41075
Attorneys for Plaintiffs

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STIPULATED MOTION AND ORDER
REMANDING CASE TO SUPERIOR COURT – PAGE 3
CAUSE NO. 2:18-CV-00244
2036158 / 1377.0037

FORSBERG & UMLAUF, P.S.
ATTORNEYS AT LAW
901 FIFTH AVENUE  SUITE 1400
SEATTLE, WASHINGTON 98164-1039
[phone]  [phone] FAX

ORDER

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THEREFORE, it is hereby ORDERED as follows:

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1.

Pursuant to 28 U.S.C. §§ 1447(c) and 1447(d), all further proceedings in this case

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are REMANDED to the Superior Court for King County in the state of Washington, without fees

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or costs to either party;

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2.

The Clerk of the Court shall send copies of this order to all counsel of record for

all parties,
3.

Pursuant to 28 U.S.C. § 1447(c), the Clerk of the Court shall mail a certified copy

of the order of remand to the Clerk of the Court for the Superior Court for King County,
Washington,
4.

The Clerk of the Court shall also transmit the record herein to the Clerk of the

Court for the Superior Court for King County, Washington,
5.

The parties shall file nothing further in this matter, and instead are instructed to

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seek any further relief to which they believe they are entitled from the courts of the state of

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Washington, as may be appropriate in due course, and

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6.

The Clerk of the Court shall CLOSE this case.

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DATED this 13th of March, 2018.

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A

The Honorable Richard A. Jones
United States District Judge

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STIPULATED MOTION AND ORDER
REMANDING CASE TO SUPERIOR COURT – PAGE 4
CAUSE NO. 2:18-CV-00244
2036158 / 1377.0037

FORSBERG & UMLAUF, P.S.
ATTORNEYS AT LAW
901 FIFTH AVENUE  SUITE 1400
SEATTLE, WASHINGTON 98164-1039
[phone]  [phone] FAX