STIPULATION TO REMAND AND ORDER THEREON

(Doc. No. 5)

ANTHONY W. ISHII, Senior District Judge.

On April 19, 2017, the parties filed the following stipulation:

The parties, having met and conferred by and through counsel, do stipulate to the following:

RECITALS

WHEREAS, Plaintiffs Brandon Greene and Rene L. Brandt brought suit against Defendant Richard Schellenberg in the Superior Court of California in and for the County of Fresno on December 20, 2016; and,

WHEREAS, Defendant Rick Schellenberg timely removed the matter to Federal Court, followed by Plaintiffs' timely motion to remand; and,

WHEREAS, legal counsel for the parties seek to dispose of the issue of removal and remand without further expense; and,

WHEREAS, legal counsel for the parties have met and conferred on the matter and arrived at an agreement on the motion's disposition; and,

WHEREAS, legal counsel for the parties agree that Defendant Richard Schellenberg's responsive pleading shall be due seven (7) days from the order to remand on the superior court; then,

The parties agree to the following,

TERMS AND CONDITIONS

1. The matter shall be remanded back to the trial court without further proceedings in the District Court.

2. Each side shall bear their own costs and fees on the removal and the motion to remand.

3. Defendant Richard Schellenberg shall file a responsive pleading seven (7) days from the order to remand on the superior court.

After review, the Court will give effect to the parties' stipulation.

Accordingly, IT IS HEREBY ORDERED that:

1. The hearing on Plaintiff's motion to Remand is VACATED;

2. Pursuant to the stipulation of the parties this matter is REMANDED forthwith to the Fresno County Superior Court; and

3. The Clerk shall terminated Plaintiff's motion to remand (Doc. No. 5) in light of the parties' stipulation and the remand of this case.

IT IS SO ORDERED.