Filed: May 17, 2017
Latest Update: May 17, 2017
Summary: STIPULATION TO REMAND CASE BACK TO STOCKTON COUNTY SUPERIOR COURT; ORDER THEREON TROY L. NUNLEY , District Judge . Plaintiffs Lidia Tashima and Steven Tashima ("Plaintiffs") and Defendants Sequoia Orthopaedic and Spine Institute Inc.; Frank L. Feng. D.O.; and Sequoia Surgery Center Holdings, Inc. ("Defendants") (collectively "the Parties"), by and through their respective counsel, hereby agree and stipulate as follows: 1. On October 23, 2013, Plaintiffs commenced an action in the Superior
Summary: STIPULATION TO REMAND CASE BACK TO STOCKTON COUNTY SUPERIOR COURT; ORDER THEREON TROY L. NUNLEY , District Judge . Plaintiffs Lidia Tashima and Steven Tashima ("Plaintiffs") and Defendants Sequoia Orthopaedic and Spine Institute Inc.; Frank L. Feng. D.O.; and Sequoia Surgery Center Holdings, Inc. ("Defendants") (collectively "the Parties"), by and through their respective counsel, hereby agree and stipulate as follows: 1. On October 23, 2013, Plaintiffs commenced an action in the Superior C..
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STIPULATION TO REMAND CASE BACK TO STOCKTON COUNTY SUPERIOR COURT; ORDER THEREON
TROY L. NUNLEY, District Judge.
Plaintiffs Lidia Tashima and Steven Tashima ("Plaintiffs") and Defendants Sequoia Orthopaedic and Spine Institute Inc.; Frank L. Feng. D.O.; and Sequoia Surgery Center Holdings, Inc. ("Defendants") (collectively "the Parties"), by and through their respective counsel, hereby agree and stipulate as follows:
1. On October 23, 2013, Plaintiffs commenced an action in the Superior Court of California in and for the County of Stockton titled Lidia Tashima and Steven Tashima v. New England Compounding Pharmacy, Inc. d/b/a New England Compounding Center, et al., as Case No. 39-2013-00303291-CU-NP-STK ("the Action"). On January 28, 2014, Plaintiffs filed their First Amended Complaint.
2. On May 15, 2014, the case was removed to federal District Court, Eastern District of California.
3. On May 29, 2014, the case was then transferred to United States District Court, District of Massachusetts as part of a multi-district litigation established against Defendant NECC.
4. On August 25, 2015, the MDL court dismissed all cases against NECC and its affiliates. Therefore, on September 9, 2016, the MDL court ordered the Tashima case be remanded back to its court of origin pursuant to § 1407.
5. At this time, the Parties stipulate that this action should immediately be remanded to the Superior Court of California, County of Stockton.
6. Each Party shall bear its own attorneys' fees and costs with respect to the removal and subsequent remand of the Action pursuant to this Stipulation and Order.
ECF Signature Certification
Pursuant to Electronic Case Filing Administrative Policies and Procedures Manual, I hereby certify that the content of this document is acceptable to all counsel of record and that I have obtained all authorizations to affix their electronic signatures to this document.
ORDER
Good cause appearing, IT IS ORDERED THAT:
1. This action immediately be remanded to the Superior Court of California, County of Stockton.
2. Each Party shall bear its own attorneys' fees and costs with respect to the removal and subsequent remand of the Action; and
3. All deadlines and hearings in this case shall be taken off the Court's calendar.
