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Garrett v. Savaseniorcare, Inc., 3:16-CV-01170 MEJ. (2016)

Court: District Court, N.D. California Number: infdco20160425654 Visitors: 9
Filed: Apr. 22, 2016
Latest Update: Apr. 22, 2016
Summary: STIPULATION AND ORDER TO REMAND CASE TO STATE COURT MARIA-ELENA JAMES , District Judge . RECITALS 1. Plaintiff JACK GARRETT ("Plaintiff") commenced this action by filing a complaint in the Superior Court of the State of California in and for the County of Contra Costa (the "State Court") on or about February 2, 2016, against Defendants SAVASENIORCARE, LLC; SAVASENIORCARE ADMINISTRATIVE SERVICES, LLC; SAVASENIORCARE CONSULTING, LLC; SSC PITTSBURG OPERATING COMPANY, LP; SSC SUBMASTER HOLDIN
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STIPULATION AND ORDER TO REMAND CASE TO STATE COURT

RECITALS

1. Plaintiff JACK GARRETT ("Plaintiff") commenced this action by filing a complaint in the Superior Court of the State of California in and for the County of Contra Costa (the "State Court") on or about February 2, 2016, against Defendants SAVASENIORCARE, LLC; SAVASENIORCARE ADMINISTRATIVE SERVICES, LLC; SAVASENIORCARE CONSULTING, LLC; SSC PITTSBURG OPERATING COMPANY, LP; SSC SUBMASTER HOLDINGS, LLC; SSC OPERATING COMPANY, LP, dba DIAMOND RIDGE HEALTHCARE CENTER (erroneously sued and served as Diamond Ridge Healthcare Center) (collectively "Defendants"), Contra Costa County Superior Court Case No. C-16-00160. Plaintiff's complaint alleged causes of action for: (1) Elder Abuse, (2) Negligence, and (3) Violation of Patient's Rights.

2. On or about February 16, 2016, Plaintiff served his Complaint on all Defendants.

3. On March 9, 2016, Defendants removed this matter to this Court based on Diversity jurisdiction.

4. Defendants did not answer Plaintiff's Complaint in State Court. On March 17, 2016, a Stipulation and Order Extending Time to File Responsive Pleading was filed with this Court. The Order on Stipulation extended the time to file a responsive pleading until April 8. 2016. On April 7, 2016, a Second Stipulation and Order Extending Time to File Responsive Pleading was filed with this Court extending the time to file a responsive pleading until April 22, 2016.

5. The parties have further met and conferred and agree that each party will bear its own costs and fees with regard to all efforts of removal to this Court as well as remand back to the State Court.

STIPULATION

NOW, THEREFORE, Plaintiff and Defendants, by and through their attorneys of record, hereby stipulate and agree that the action shall immediately be remanded to the Superior Court for the State of California, County of Contra Costa.

IT IS SO STIPULATED.

ORDER

This Court having reviewed the foregoing and good cause appearing therein, orders this case to be remanded to State Court.

IT IS SO ORDERED.

Source:  Leagle

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