Opinion
Case No. C 11-04951 SBA
11-08-2011
MARK KLEIN Plaintiff, v. ALLSTATE INDEMNITY COMPANY, ALLSTATE INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY OF CALIFORNIA, and DOES 1 TO 50, inclusive, Defendants.
SHAWN RIDGELL (State Bar No. 201179) RIDGELL & LAWLOR LLP Attorneys for Plaintiff MARK KLEIN CYNTHIA L. MELLEMA (State Bar No. 122798) JEFFRY BUTLER (State Bar No. 180936) JONE TRAN (State Bar No. 239311) SNR DENTON US LLP Attorneys for Defendant ALLSTATE INDEMNITY COMPANY
SHAWN RIDGELL (State Bar No. 201179)
RIDGELL & LAWLOR LLP
Attorneys for Plaintiff MARK KLEIN
CYNTHIA L. MELLEMA (State Bar No. 122798)
JEFFRY BUTLER (State Bar No. 180936)
JONE TRAN (State Bar No. 239311)
SNR DENTON US LLP
Attorneys for Defendant ALLSTATE INDEMNITY COMPANY
STIPULATION AND [PROPOSED] ORDER REGARDING AMOUNT IN CONTROVERSY
The parties to this action stipulate as follows:
1. Plaintiff Mark Klein has thoroughly investigated the basis for his damages claims in this action against Allstate Indemnity Company, the sole remaining defendant in this lawsuit. Based on this thorough investigation, plaintiff expressly waives all claims in this action in excess of $75,000, exclusive of costs. In light of this waiver, the parties agree that this action does not seek damages of any kind in excess of $75,000.
2. The parties further agree, in view of the stipulation set forth in Paragraph 1, that this case should be remanded to Alameda County Superior Court for further proceedings under Case No. RG 11591116, pursuant to 28 U.S.C. section 1332.
3. The parties further agree that they shall bear their own attorneys' fees and costs associated with the removal and remand of this action.
IT IS SO STIPULATED.
RIDGELL & LAWLOR LLP
SHAWN RIDGELL
Attorneys for Plaintiff MARK KLEIN
SNR DENTON US LLP
JEFFRY BUTLER
Attorneys for Defendant ALLSTATE INDEMNITY COMPANY
ORDER
The Court, having reviewed the parties' Stipulation Regarding Amount In Controversy, and good cause appearing therefor, hereby adopts the Stipulation and remands the case to the Superior Court, ALAMEDA COUNTY.
IT IS SO ORDERED:
Hon. Saundra Brown Armstrong
United States District Court Judge