Filed: Feb. 19, 2019
Latest Update: Feb. 19, 2019
Summary: ORDER APPROVING JOINT STIPULATION TO REMAND REMOVED CASE TO SUPERIOR COURT OF SANTA CLARA BETH L. FREEMAN , District Judge . TO THE HONORABLE COURT: Plaintiff LUCILE SALTER PACKARD CHILDREN'S HOSPITAL AT STANFORD ("Plaintiff") and Defendant WESTERN GROWERS ASSURANCE TRUST, by and through their respective counsel of record, hereby stipulate as follows: 1. On July 30, 2018, Plaintiff commenced an action in the Superior Court of the State of California in and for the County of Santa Clara,
Summary: ORDER APPROVING JOINT STIPULATION TO REMAND REMOVED CASE TO SUPERIOR COURT OF SANTA CLARA BETH L. FREEMAN , District Judge . TO THE HONORABLE COURT: Plaintiff LUCILE SALTER PACKARD CHILDREN'S HOSPITAL AT STANFORD ("Plaintiff") and Defendant WESTERN GROWERS ASSURANCE TRUST, by and through their respective counsel of record, hereby stipulate as follows: 1. On July 30, 2018, Plaintiff commenced an action in the Superior Court of the State of California in and for the County of Santa Clara, e..
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ORDER APPROVING JOINT STIPULATION TO REMAND REMOVED CASE TO SUPERIOR COURT OF SANTA CLARA
BETH L. FREEMAN, District Judge.
TO THE HONORABLE COURT:
Plaintiff LUCILE SALTER PACKARD CHILDREN'S HOSPITAL AT STANFORD ("Plaintiff") and Defendant WESTERN GROWERS ASSURANCE TRUST, by and through their respective counsel of record, hereby stipulate as follows:
1. On July 30, 2018, Plaintiff commenced an action in the Superior Court of the State of California in and for the County of Santa Clara, entitled as above, Santa Clara Superior Court Case Number 18CV332422 (the "Action").
2. On September 13, 2018, Defendant filed a notice of removal of the Action pursuant to U.S.C. §1441(a) with the United States District Court for the Northern District of California, with the Action ultimately being assigned to the Honorable Beth L. Freeman of the United States District Court for the Northern District, Case Number 5:18-cv-05620-BLF.
5. On September 18, 2018, Defendant filed a Motion to Dismiss based upon ERISA preemption.
9. On October 2, 2018, counsel for Plaintiff filed its Opposition
As a result, the PARTIES HEREBY STIPULATE AS FOLLOWS:
• Plaintiff and Defendant stipulate to remand this Action, in its entirety, back to the Superior Court of California in and for the County of Santa Clara from where it originated for all further proceedings.
• Plaintiff and Defendants further stipulate that 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.
IT IS SO ORDERED.
