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BAILEY v. WILLOWS UNIFIED SCHOOL DISTRICT, 2:16-cv-02546. (2016)

Court: District Court, E.D. California Number: infdco20161221b91 Visitors: 9
Filed: Dec. 20, 2016
Latest Update: Dec. 20, 2016
Summary: STIPULATION TO REMAND CASE BACK TO GLENN COUNTY SUPERIOR COURT; ORDER THEREON KIMBERLY J. MUELLER , District Judge . Plaintiff PAUL BAILEY (Plaintiff) and Defendant WILLOWS UNIFIED SCHOOL DISTRICT ("Willows") by and through their respective counsel, hereby agree and stipulate as follows: STIPULATION 1. On August 31, 2016, an action was commenced in the Superior Court of the State of California in and for the County of Glenn, entitled Paul Bailey v. Willows Unified School District; Hol
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STIPULATION TO REMAND CASE BACK TO GLENN COUNTY SUPERIOR COURT; ORDER THEREON

Plaintiff PAUL BAILEY (Plaintiff) and Defendant WILLOWS UNIFIED SCHOOL DISTRICT ("Willows") by and through their respective counsel, hereby agree and stipulate as follows:

STIPULATION

1. On August 31, 2016, an action was commenced in the Superior Court of the State of California in and for the County of Glenn, entitled Paul Bailey v. Willows Unified School District; Holly McLaughlin; Does 1 through 100, and designated as Case No. 16CV01592 ("the Action").

2. On October 25, 2016, Defendant Willows Unified School District filed a Notice of Removal of the Action to this Court pursuant to 28 U.S.C. §1441(a) based on Plaintiff's claims brought under 42 U.S.C. §1983. The remaining defendant had not been served but agreed to subject herself to federal jurisdiction if and when she was served.

3. Unbeknownst to Willows, on October 25, 2016, the same day that Willows filed their Notice of Removal, Plaintiff filed their First Amended Complaint which omitted the 42 U.S.C. §1983 claim and, in turn, the basis for this Court's jurisdiction.

4. Therefore, the Parties hereby stipulate that this action should immediately be remanded to the Glenn County Superior Court.

5. This Stipulation moots all pending motions before this Court, and all pending deadlines and hearings in this case should be taken off the Court's calendar. HUNT JEPPSON & GRIFFIN, LLP

ORDER

IT IS HEREBY ORDERED THAT:

1. This action immediately be remanded to the Glenn County Superior Court; and

2. This Stipulation moots all pending motions before this Court, and all pending deadlines and hearings in this case shall be taken off the Court's calendar.

Source:  Leagle

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