JOINT STIPULATION TO REMAND; ORDER

FERNANDO M. OLGUIN, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Josue Alfaro ("Plaintiff") and defendant NPL Construction Co. ("NPL"), through their respective counsel of record, as follows:

1. Plaintiff brought this action against NPL in San Bernardino Superior Court (case number CIVDS1616353) on October 11, 2016 seeking damages for failure to page wages and/or overtime, failure to provide itemized wage statements, failure to pay wages timely upon termination, and unfair business practices.

2. Plaintiff then filed a First Amended Complaint on January 12, 2017 adding a claim for penalties under the Private Attorneys General Act (PAGA).

3. During a conference between the parties' counsel on January 17, 2017, Plaintiff's counsel indicated that, with respect to Plaintiff's first cause of action for unpaid wages and overtime, the putative class may have claims for unpaid travel time in addition to claims for off-the-clock work at NPL's central locations.

4. Based on this information, NPL conducted its own due diligence and determined that the claims asserted in the First Amended Complaint satisfied the amount-in-controversy requirement under the Class Action Fairness Act (CAFA). NPL then removed the action to the U.S. District Court, Central District of California on February 16, 2017 on the basis of diversity of citizenship.

5. The parties then met and conferred over Plaintiff's intent to file a motion to remand. Plaintiff's counsel maintains that the notice of removal was untimely and that the First Amended Complaint does not satisfy the amount in controversy requirement. Based on these conversations and the Court's March 7, 2017 Order (dkt 18), the parties have stipulated that the action may be remanded. In doing so, Plaintiff reserves all rights to add further claims on behalf of the putative class, and NPL reserves all rights to remove the action under CAFA based on further developments in the action.

NOW, THEREFORE, the parties hereby agree and stipulate as follows:

1. This action shall be remanded to the Superior Court of the State of California, County of San Bernardino forthwith;

2. Each party shall bear its own attorneys' fees and costs incurred in connection with the removal and remand of this action.

IT IS SO STIPULATED.

ORDER

The Court, having reviewed and considered the Joint Stipulation to Remand, and good cause appearing therefore,

IT IS HEREBY ORDERED THAT:

1. This case shall be remanded to the State Court for further proceedings; and

2. Each party shall bear its own attorneys' fees and costs incurred in connection with the removal and remand of this action.

IT IS SO ORDERED.