Elawyers Elawyers
Washington| Change

DEMPSEY v. SEARS HOME IMPROVEMENT PRODUCTS, CV 15-799-GW(JEMx). (2015)

Court: District Court, C.D. California Number: infdco20150312964 Visitors: 27
Filed: Mar. 10, 2015
Latest Update: Mar. 10, 2015
Summary: ORDER GRANTING JOINT STIPULATION TO REMAND CASE TO STATE COURT GEORGE H. WU , District Judge . ORDER Upon full considerations of the Joint Stipulation to Remand Case to State Court, and for good cause shown, the Court hereby orders that: 1. Defendant SHC is dismissed without prejudice. Plaintiff can bring SHC back into this Action without any assertion, by defendants, of a statute of limitations defense or any other defenses applicable to bring SHC back in this Action. 2. Based on the r
More

ORDER GRANTING JOINT STIPULATION TO REMAND CASE TO STATE COURT

ORDER

Upon full considerations of the Joint Stipulation to Remand Case to State Court, and for good cause shown, the Court hereby orders that:

1. Defendant SHC is dismissed without prejudice. Plaintiff can bring SHC back into this Action without any assertion, by defendants, of a statute of limitations defense or any other defenses applicable to bring SHC back in this Action.

2. Based on the representation by defense counsel that defendants "Sears Holdings" and "Sears" are not real entities, said entities are dismissed without prejudice. Plaintiff can bring said entities back into this Action without any assertion of a statute of limitations defense or any other defenses applicable to bring such entities back in this Action.

3. All the named individual defendants, Michael Finger, Daniel Ianiello, and Jerry Hanosh, are dismissed with prejudice.

4. Defendants have agreed to a remand of the instant Action to state court. The Clerk of the Court is directed to close this action and remand this case to the Los Angeles County Superior Court, Central District. Defendants have agreed not to remove this Action back to federal court once all named individual defendants, Michael Finger, Daniel Ianiello, and Jerry Hanosh, have been dismissed.

5. Each party shall bear their own costs and fees associated with the federal proceedings. No party shall be deemed the prevailing party.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer