Opinion
NO. CV-10-0392-EFS.
December 13, 2010
ORDER GRANTING THE STIPULATION REGARDING REMAND TO SPOKANE COUNTY SUPERIOR COURT
Before the Court, without oral argument, is the parties' Stipulation Regarding Remand to Spokane County Superior Court. (ECF No. 8.) The parties agree diversity jurisdiction no longer exists and that remand is appropriate given the addition of Washington-resident Defendants. Under the circumstances, the Court finds remand is appropriate. See 28 U.S.C. § 1441; Gaus v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). However, this Court does not have the power to alter Defendants' state-court answer deadline; therefore, this portion of the parties' stipulation is not adopted. Accordingly, IT IS HEREBY ORDERED:
1. This case is REMANDED to Superior Court of the State of Washington, County of Spokane (Case No. 10-2094112-0).
2. Allmerica is not required to answer or otherwise respond to the Amended Complaint until this case is reopened in Spokane County Superior Court.
3. The parties do not waive any right to remove or invoke federal jurisdiction in the future.
4. This file shall be CLOSED. IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide copies to all counsel.
DATED this 13th day of December 2010.