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RAMIREZ-BANDA v. UC DAVIS MEDICAL CENTER, 2:16-CV-01091-JAM-CKD. (2016)

Court: District Court, E.D. California Number: infdco20160825910 Visitors: 9
Filed: Aug. 24, 2016
Latest Update: Aug. 24, 2016
Summary: STIPULATION TO REMAND CASE TO STATE COURT AND ORDER THEREON JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by the parties to this action, Plaintiff JOANN RAMIREZ-BANDA and Defendant REGENTS OF THE UNIVERSITY OF CALIFORNIA, erroneously sued herein as UC DAVIS MEDICAL CENTER, dba UC DAVIS HEALTH SYSTEM, by and through their attorneys of record, that: 1. Plaintiff commenced this action in the United Stated District Court for the Eastern District of California on May 19, 2016. Plain
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STIPULATION TO REMAND CASE TO STATE COURT AND ORDER THEREON

IT IS HEREBY STIPULATED by the parties to this action, Plaintiff JOANN RAMIREZ-BANDA and Defendant REGENTS OF THE UNIVERSITY OF CALIFORNIA, erroneously sued herein as UC DAVIS MEDICAL CENTER, dba UC DAVIS HEALTH SYSTEM, by and through their attorneys of record, that:

1. Plaintiff commenced this action in the United Stated District Court for the Eastern District of California on May 19, 2016. Plaintiff's Complaint alleges seven (7) tort-based claims, all of which arise solely under state law. There are no federal claims alleged and no allegations that the parties are diverse.

2. Accordingly, this Court does not have jurisdiction to preside over this action.

3. After some discussion, the parties have agreed that the action should be remanded to the Sacramento County Superior Court. To that end, the parties hereby stipulate that the action be remanded to Sacramento County Superior Court and jointly ask that the Court do so.

4. Plaintiff agrees to re-file the Complaint in state court within 30 days of the Court's order on remand.

IT IS SO STIPULATED.

ATTESTATION REGARDING SIGNATURES

I, Bianca S. Watts, hereby attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing' content and have authorized the filing.

ORDER ON STIPULATION TO REMAND

Based upon the foregoing Stipulation of the parties and good cause appearing, it is hereby ordered that this action be remanded to the Sacramento County Superior Court.

IT IS SO ORDERED.

Source:  Leagle

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