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Vasquez v. JustFoodForDogs, LLC, 2:18-cv-01739-AB (MRWx). (2018)

Court: District Court, C.D. California Number: infdco20180313620
Filed: Mar. 12, 2018
Latest Update: Mar. 12, 2018
Summary: [PROPOSED] ORDER GRANTING JOINT STIPULATION TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT (Los Angeles Superior Court Case No. BC689098). ANDRE BIROTTE, JR. , District Judge . Having considered the Joint Stipulation between Defendant JustFoodForDogs, Inc. ("Defendant") and Plaintiff Laura Vasquez ("Plaintiff"), collectively referred to herein as the "Parties," to remand this action to State Court and for good cause shown, it is hereby determined that: 1. Plaintiff has no injury i
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[PROPOSED] ORDER GRANTING JOINT STIPULATION TO REMAND CASE TO LOS ANGELES COUNTY SUPERIOR COURT

(Los Angeles Superior Court Case No. BC689098).

Having considered the Joint Stipulation between Defendant JustFoodForDogs, Inc. ("Defendant") and Plaintiff Laura Vasquez ("Plaintiff"), collectively referred to herein as the "Parties," to remand this action to State Court and for good cause shown, it is hereby determined that:

1. Plaintiff has no injury in fact for the same reasons the plaintiffs in Bassett v. ABM Parking Services, Inc., ___ F.3d ___, 2018 WL 987954 (9th. Cir. Feb. 21, 2018) ("Bassett") and Edelstein v. Westlake Wellbeing Properties, LLC, United States District Court for the Central District of California, Case No. 17-06488-AB (JEMx) (the "Edelstein Action") lacked an injury in fact, and as such, Plaintiff lacks Article III standing in this matter.

2. Remand is proper based on the rationale in the Court's Order Granting Plaintiffs' Request for Remand in the Edelstein Action, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein as if set forth in full (the "Edelstein Remand Order");

3. Defendant may remove this action to Federal Court if there is a change in law, fact, pleadings, or briefings which would confer Federal Court jurisdiction.

Based on the foregoing, Case No. 2:18-cv-01739-AB (MRWx) is remanded to Los Angeles County Superior Court. Each party shall bear her/its own attorneys' fees and costs incurred in connection with the removal of this action to Federal Court and the remand to State Court. Neither Party has waived any right to attorneys' fees or costs to which it is otherwise entitled to in connection with this litigation.

IT IS SO ORDERED.

Source:  Leagle

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