Opinion
CASE NO.: 1:11-cv-01365-LJO-JLT
09-13-2011
TNT EXPRESS WORLDWIDE (UK) LTD., Plaintiff, v. FLIGHT TEST ASSOCIATES, INC., a California corporation; and DOES 1 - 100, inclusive, Defendants.
MICHAELIS, MONTANARI & JOHNSON By: GARRY L. MONTANARI Attorneys for Defendants FLIGHT TEST ASSOCIATES, INC. CROWELL & MORING LLP By: MELANIE NATASHA HENRY Attorneys for Plaintiffs TNT EXPRESS WORLDWIDE (UK) LTD.
GARRY L. MONTANARI, State Bar No. 89790
JUSTIN T. BARKOWSKI, State Bar No. 274522
MICHAELIS, MONTANARI & JOHNSON, P.C.
Attorneys for Defendant
FLIGHT TEST ASSOCIATES, INC.
STIPULATION AND ORDER TO REMAND TO THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, COUNTY OF KERN
(Doc. 10)
STIPULATION
This Stipulation is entered into by and between Plaintiff, TNT Express Worldwide (UK) Ltd. ("Plaintiff"), and Defendant, Flight Test Associates, Inc. ("Defendant") (collectively "the Parties"), by and through their respective counsel, with respect to the following facts:
WHEREAS, on or around August 15, 2011, Plaintiff commenced this action against Defendant, for (1) Breach of Contract, and (2) Negligence, in the U.S. District Court for the Eastern District of California, entitled TNT Express Worldwide (UK) Ltd. v. Flight Test Assocs., Inc., et al., Case No. 1:11-cv-01365-LJO-JLT ("this Action");
WHEREAS, on or around August 25, 2011, Defendant moved to remand this Action to the Superior Court of the State of California, County of Kern, based upon a forum-selection clause contained in the alleged contractual agreement attached to Plaintiff's Complaint as Exhibit "1"; and
WHEREAS, Defendant's "Motion to Remand" this Action is currently scheduled for hearing on September 26, 2011.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, through their respective counsel, subject to this Court's approval, as follows:
1. This Action should immediately be remanded to the Superior Court of the State of California, County of Kern;
2. Plaintiff and Defendant shall bear its own attorneys' fees and costs with respect to the remand of this Action pursuant to this Stipulation and Order; and
3. This Stipulation moots all pending motions before this Court, and all pending deadlines and hearings in this Action should be taken off the Court's calendar.
MICHAELIS, MONTANARI & JOHNSON
By: GARRY L. MONTANARI
Attorneys for Defendants
FLIGHT TEST ASSOCIATES, INC.
CROWELL & MORING LLP
By: MELANIE NATASHA HENRY
Attorneys for Plaintiffs
TNT EXPRESS WORLDWIDE (UK) LTD.
ORDER
Based upon the Stipulation to Remand to the Superior Court of the State of California, County of Kern ("Stipulation"), and good cause appearing therefor,
IT IS HEREBY ORDERED AS FOLLOWS:
1. This Action is immediately remanded to the Superior Court of the State of California, County of Kern;
2. Plaintiff and Defendant shall bear its own attorneys' fees and costs with respect to the remand of this Action pursuant to the Stipulation; and
3. Because this order dismisses this case, the Clerk of the Court is ordered to close this matter.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE