Opinion
Case No. 2:11-CV-02132-GEB-KJN
09-20-2011
MICHAEL v. UBALDI, Plaintiff, v. OTISMED CORPORATION; STRYKER CORPORATION; and DOES 1 through 50, Defendant.
SEDGWICK LLP WAYNE A. WOLFF DAVID D. MESA Attorneys for Defendant STRYKER CORPORATION UBALDI & MCPHERSON, LLP Michael Ubaldi MICHAEL V. UBALDI DENNIS MCPHERSON DIANA N. CONNAUGHTON Attorneys for Plaintiffs MICHAEL V. UBALDI
SEDGWICK LLP
WAYNE A. WOLFF (State Bar No.161351)
DAVID D. MESA (State Bar No. 257488)
Attorneys for Defendant
STRYKER CORPORATION
STIPULATION FOR REMAND AND
[PROPOSED] ORDER
The parties, by and through their attorneys of record, as set forth below, hereby stipulate and agree as follows:
1. On or about May 24, 2011, an action was commenced in the Superior Court of the State of California, County of Sacramento, entitled Michael V. Ubaldi v. Otismed Corporation, Stryker Corporation, and Does 1 through 50, Case No. 34-2011-00103900.
2. On August 11, 2011, defendant Stryker Corporation removed the above-entitled action to this Court pursuant to 28 U.S.C. §§ 1332(a)(1) and 1441(a).
3. On September 12, 2011, plaintiff Michael V. Ubaldi filed his motion to remand the action to the Superior Court of the State of California, County of Sacramento, asserting the lack of diversity among defendants supporting removal jurisdiction.
4. After investigating the issue, counsel for defendant Stryker Corporation determined a mistake had been made regarding the corporate status of defendant Otismed Corporation as it existed at the time of removal. While Stryker Corporation, a Michigan corporation, had previously purchased its assets, Otismed Corporation remains registered with the State of California as an active corporation. Accordingly, due to the discovery of this information the parties hereby stipulate to remand this action to the Superior Court of the State of California, County of Sacramento.
SEDGWICK LLP
WAYNE A. WOLFF
DAVID D. MESA
Attorneys for Defendant
STRYKER CORPORATION
UBALDI & MCPHERSON, LLP
By: Michael Ubaldi
MICHAEL V. UBALDI
DENNIS MCPHERSON
DIANA N. CONNAUGHTON
Attorneys for Plaintiffs
MICHAEL V. UBALDI
ORDER
Based on the stipulation of the parties, this case is hereby remanded to the Superior Court of California, County of Sacramento, Case Number 34-2011-00103900.
SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge