Filed: Aug. 07, 2019
Latest Update: Aug. 07, 2019
Summary: STIPULATION AND [PROPOSED] ORDER TO REMAND WILLIAM H. ORRICK , District Judge . This Stipulation is entered into by and among plaintiffs Jayden Totah, by and through his Guardian Ad Litem, Eric Totah, Anne-Marie Totah and Eric Totah, ("Plaintiffs") and Defendant KONE Inc., (Defendant) by and through their respective counsel: WHEREAS, on February 20, 2019, Plaintiffs commenced an action in the Superior Court of the State of California, County of San Francisco, Case Number CGC-19-57389
Summary: STIPULATION AND [PROPOSED] ORDER TO REMAND WILLIAM H. ORRICK , District Judge . This Stipulation is entered into by and among plaintiffs Jayden Totah, by and through his Guardian Ad Litem, Eric Totah, Anne-Marie Totah and Eric Totah, ("Plaintiffs") and Defendant KONE Inc., (Defendant) by and through their respective counsel: WHEREAS, on February 20, 2019, Plaintiffs commenced an action in the Superior Court of the State of California, County of San Francisco, Case Number CGC-19-573894..
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STIPULATION AND [PROPOSED] ORDER TO REMAND
WILLIAM H. ORRICK, District Judge.
This Stipulation is entered into by and among plaintiffs Jayden Totah, by and through his Guardian Ad Litem, Eric Totah, Anne-Marie Totah and Eric Totah, ("Plaintiffs") and Defendant KONE Inc., (Defendant) by and through their respective counsel:
WHEREAS, on February 20, 2019, Plaintiffs commenced an action in the Superior Court of the State of California, County of San Francisco, Case Number CGC-19-573894, entitled Jayden Totah, minor, by and through his Guardian Ad Litem; Anne-Marie Totah; Eric Totah vs. Kone Corporation; ThyssenKrupp Elevator America; City & County of San Francisco.
WHEREAS, defendant KONE, Inc. filed its Answer to Plaintiffs' Complaint on June 3, 2019.
WHEREAS, on July 2, 2019 after learning of additional facts regarding the Action and determining that diversity of citizenship existed between the parties, defendant KONE filed a Notice of Removal of the action pursuant to 28 U.S.C. §§ 1332, 1441(b) and 1446, with the United States District Court for the Northern District of California.
WHEREAS, on July 2, 2019, defendant KONE completed the removal process by filing a copy of the Notice of Removal with San Francisco County Superior Court.
WHEREAS, the parties, who have appeared in this matter, which include Jayden Totah, by and through his Guardian Ad Litem Eric Totah and Kone, Inc., having conferred through their counsel by telephone, mail and e-mail correspondence, agree this matter should be remanded to the Superior Court of the State of California, County of San Francisco, and respectfully request this Court enter an Order remanding this action to the Court from which it was removed, the Superior Court of the State of California, County of San Francisco.
IT IS HEREBY STIPULATED, by and through the undersigned counsel for Plaintiffs and Defendant, that:
1. This Action should be remanded to Superior Court of the State of California, County of San Francisco.
2. The order of remand is made without prejudice to defendant KONE, Inc's., ability to re-remove this Action to this Court.
IT IS SO STIPULATED.
Dated: July 31, 2019 WEINBERG-HOFFMAN, LLC
________
Joseph Hoffman, Esq.
Attorneys for Plaintiffs
Dated: July 31, 2019 OIUM REYEN & PRYOR
________
Mark Oium, Esq.
Attorney for Defendant KONE, Inc.
PROPOSED ORDER
PURSUANT TO STIPULATION, IT IS ORDERED:
1. Northern District of California Case Number 19-cv-03842-WHO, entitled Jayden Totah, et al., vs. KONE, Inc., et al. be remanded to the Superior Court of the State of California, County of San Francisco.
