Opinion
NO. CV-10-5676.
October 22, 2010
DAVIS LAW PLLC, Michael J. Davis, WSBA #25846, Attorneys for Plaintiff.
GORDON THOMAS HONEYWELL LLP, Warren E. Martin, WSBA #17235, Attorneys for Defendants.
STIPULATION AND ORDER PERMITTING AMENDED COMPLAINT AND REMANDING CASE TO PIERCE COUNTY SUPERIOR COURT
I. STIPULATION
On August 13, 2010, plaintiff filed a Complaint in Pierce County Superior Court which included certain allegations that appeared to state a claim for breach of contract. Defendants contended that this claim arose under the collective bargaining agreement, if it existed at all. The complaint was first served on or about September 14, 2010. Defendants removed this action on September 21, 2010 based on federal question jurisdiction under 29 USC 185(a).
Plaintiff now seeks to file an Amended Complaint which removes the breach of contract allegations. A copy of the proposed Amended Complaint is attached as Exhibit A. Because more than 21 days have passed since defendants answered the initial complaint, FRCP 15(a)(2) requires defendants' consent or leave of court. Defendants do not object to the attached Amended Complaint.
Once the Amended Complaint is filed and the breach of contract claim removed from this action, there is no federal claim remaining in the case. Therefore, once the Amended Complaint is filed and the breach of contract claim is removed from the case, the parties stipulate that this matter should be remanded to Pierce County Superior Court.
Dated this 20th day of October, 2010.
II. ORDER
Based on the foregoing stipulation of the parties, it is hereby ORDERED:
1. The Amended Complaint attached to this Stipulation as Exhibit A shall be filed.
2. Once the Amended Complaint is filed, and the breach of contract claim is removed from this action, there are no remaining federal questions in this case.
3. Therefore, upon filing of the Amended Complaint, this matter is remanded to the Pierce County Superior Court.