Opinion
JOINT STIPULATION AND ORDER TO REMAND REMOVED ACTION TO STATE COURT
JOHN A. MENDEZ, District Judge.
Defendant JO-ANN STORES, LLC (erroneously sued as JO-ANN STORES, INC. and JO-ANN FABRICS AND CRAFTS) and Plaintiff STEVE SAGHBAZARIAN, hereby stipulate and agree through their respective counsel, as follows:
WHEREAS, on or around September 3, 2015, Plaintiff filed a Complaint in San Joaquin County Superior Court, Case No. 34-2015-00329551-CU-WT-STK;
WHEREAS, on or around September 25, 2015, Plaintiff filed a First Amended Complaint in San Joaquin County Superior Court;
WHEREAS, on or around November 23, 2015, Defendant timely removed the instant action to District Court; and
WHEREAS, after negotiations and discussions about this case, the Parties agree to the remand of this case to State Court for further proceedings subject to the stipulations set forth herein.
THEREFORE, the Parties to the above-captioned matter hereby stipulate and agree as follows:
1. That the Parties' stipulation is approved;
2. That the Eastern District of California Case No. 2:15-cv-02437-JAM-CKD labeled Saghbazarian v. Jo-Ann Stores Inc., et al. is hereby remanded to Superior Court of the State of California, San Joaquin County, Case No. 34-2015-00329551-CU-WT-STK;
3. That a good faith basis for removal existed at the time of said removal and that the Parties will therefore bear their own attorneys' fees and costs in connection with the removal and this remand;
4. That Defendant JO-ANN STORES, LLC will not hereafter remove this matter to District Court;
5. That Defendant JO-ANN STORES, LLC was Plaintiff's employer at all times relevant to Plaintiff's claims as set forth in his First Amended Complaint in the Superior Court of the State of California, San Joaquin County,
6. That Defendant LEONARD GREEN & PARTNERS, LP and Defendant BRENT WANSTREET (erroneously sued as BRENT WALLSTREET) are hereby dismissed with prejudice;
7. That Plaintiff will not hereafter amend his claim to add additional defendants in this matter, inclusive of substituting named defendants for Doe defendants; and
8. That no discovery requests served in the Superior Court of the State of California, San Joaquin County, Case No. 34-2015-00329551-CU-WT-STK, prior to removal remain in effect upon remand;
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ORDER
Good cause appearing, and pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:
1. That the Parties' stipulation is approved;
2. That the Eastern District of California Case No. 2:15-cv-02437-JAM-CKD labeled Saghbazarian v. Jo-Ann Stores Inc., et al. is hereby remanded to Superior Court of the State of California, San Joaquin County, Case No. 34-2015-00329551-CU-WT-STK;
3. That a good faith basis for removal existed at the time of said removal and that the Parties will therefore bear their own attorneys' fees and costs in connection with the removal and this remand;
4. That Defendant JO-ANN STORES, LLC will not hereafter remove this matter to District Court;
5. That Defendant JO-ANN STORES, LLC was Plaintiff's employer at all times relevant to Plaintiff's claims as set forth in his First Amended Complaint in the Superior Court of the State of California, San Joaquin County, Case No. 34-2015-00329551-CU-WT-STK;
6. That Defendant LEONARD GREEN & PARTNERS, LP and Defendant BRENT WANSTREET (erroneously sued as BRENT WALLSTREET) are hereby dismissed with prejudice;
7. That Plaintiff will not hereafter amend his claim to add additional defendants in this matter, inclusive of substituting named defendants for Doe defendants; and
8. That no discovery requests served in the Superior Court of the State of California, San Joaquin County, Case No. 34-2015-00329551-CU-WT-STK, prior to removal remain in effect upon remand.
IT IS SO ORDERED.