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Morfin v. Veldhuis North Dairy

United States District Court, Ninth Circuit, California, E.D. California
Mar 9, 2015
1:14-CV-01957 LJO BAM (E.D. Cal. Mar. 9, 2015)

Opinion

          Della Barnett, R. Erandi Zamora CALIFORNIA RURAL LEGAL ASSISTANCE FOUNDATION Sacramento, CA Enrique Martínez, John E. Hill, LAW OFFICES OF JOHN E. HILL Oakland, CA Attorneys for Plaintiffs and the Plaintiff Class

          Susan Bishop BERLINER COHEN Attorneys for Defendants


          STIPULATION TO REMAND CASE TO MERCED COUNTY SUPERIOR COURT; ORDER THEREON

          LAWRENCE J. O'NEILL, District Judge.

         Plaintiffs Jesus Morfin, Laurentino Vargas, Asencion Liceo, and Felipe Cruz, individually and on behalf of a proposed class of similarly-situated individuals ("Plaintiffs"), and defendant Veldhuis North Dairy ("Defendant") (collectively, "the Parties"), by and through their respective counsel, hereby agree and stipulate as follows:

         STIPULATION

         1. On January 15, 2014, the Plaintiffs commenced an action against the Defendant in the Superior Court of the State of California, County of Merced, entitled Morfin, et al. v. Veldhuis North Dairy, et al., Case No. CMV 017 297. Plaintiffs filed and served a First Amended Complaint on February 19, 2014. In November 2014, the Named Plaintiffs notified defense counsel of their intention to file a Second Amended Complaint, which would have, inter alia, added claims as to certain class members based on the Fair Labor Standards Act, 29 U.S.C. sections 201, et seq . On or about December 8, 2014, Defendant filed a Notice of Removal of the Action pursuant to 28 U.S.C. section 1441(b) based on Plaintiffs' intention to file the proposed Second Amended Complaint, which would have provided a basis for this Court's federal question jurisdiction. The Action was assigned Case No. 1:14-CV-01957 BAM.

         2. On December 14, 2014, the Parties reached a mediated settlement of this matter whereby the Second Amended Complaint will not be filed. As a result, there is no arguable basis for this Court's jurisdiction.

         3. Therefore, the Parties stipulate that this action should immediately be remanded to the Merced County Superior Court.

         4. Each Party shall bear his or its own attorneys' fees and costs with respect to the removal and subsequent remand of the Action pursuant to this Stipulation and Order.

         5. This Stipulation moots all pending matters before this Court and all pending deadlines and hearings in this case should be taken off the Court's calendar.

         6. The Parties further agree that this Stipulation will not preclude Defendants from seeking to remove this action to federal court at a later time if the Merced Superior Court denies preliminary or final approval of the proposed settlement and the Parties cannot reach an alternative agreement within thirty days of the order denying approval. In the event settlement approval is denied, Plaintiffs agree not to assert that Defendants' failure to remove within statutory period is a basis for remand.

          ORDER

         The Parties to the above-referenced action having filed a Stipulation to Remand Removed Action, the Court having reviewed that Stipulation and good cause appearing, IT IS HEREBY ORDERED THAT

         1. The Parties' Stipulation is approved;

         2. This Action is hereby remanded to the Merced County Superior Court;

         3. Each Party shall bear his or its own attorneys' fees and costs in connection with respect to the removal and remand of this Action;

         4. All pending deadlines and hearings in this Action are hereby vacated

         IT IS SO ORDERED.


Summaries of

Morfin v. Veldhuis North Dairy

United States District Court, Ninth Circuit, California, E.D. California
Mar 9, 2015
1:14-CV-01957 LJO BAM (E.D. Cal. Mar. 9, 2015)
Case details for

Morfin v. Veldhuis North Dairy

Case Details

Full title:JESUS MORFIN, LAURENTINO VARGAS, ASENCION LICEA, and FELIPE CRUZ, on…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 9, 2015

Citations

1:14-CV-01957 LJO BAM (E.D. Cal. Mar. 9, 2015)