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MILLS v. BANK OF AMERICA, NATIONAL ASSOCIATION, 2:13-cv-01959-MCE-AC (2014)

Court: District Court, E.D. California Number: infdco20140715738 Visitors: 5
Filed: Jul. 11, 2014
Latest Update: Jul. 11, 2014
Summary: STIPULATION AND ORDER REGARDING ENTRY OF ORDER REMANDING CASE TO THE SUPERIOR COURT MORRISON C. ENGLAND, Jr., District Judge. Plaintiff Patricia Mills ("Plaintiff") and Defendants Bank of America, N.A. and FIA Card Services, N.A. (collectively "Defendants") by and through their respective attorneys of record, hereby stipulate as follows: WHEREAS on June 27, 2013, Plaintiff filed a complaint against Defendants, Equifax and Trans Union in the Superior Court of California for the County of Sacr
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STIPULATION AND ORDER REGARDING ENTRY OF ORDER REMANDING CASE TO THE SUPERIOR COURT

MORRISON C. ENGLAND, Jr., District Judge.

Plaintiff Patricia Mills ("Plaintiff") and Defendants Bank of America, N.A. and FIA Card Services, N.A. (collectively "Defendants") by and through their respective attorneys of record, hereby stipulate as follows:

WHEREAS on June 27, 2013, Plaintiff filed a complaint against Defendants, Equifax and Trans Union in the Superior Court of California for the County of Sacramento (the "Superior Court"), Case No. 34-2013-00147380 (the "Action").

WHEREAS Plaintiff's first cause of action is for violation of California Civil Code section 1785.25(a) against Defendants only.

WHEREAS Plaintiff's second cause of action is for violation of the Fair Credit Reporting Act ("FCRA") 15 U.S.C. section 1681i against both Equifax and Trans Union.

WHEREAS Plaintiff's third cause of action is for violation of California Civil Code section 1785.17 against Equifax only.

WHEREAS on September 20, 2013, Trans Union removed the Action to this Court based on the Court's federal question over Plaintiff's FCRA claim against both Trans Union and Equifax.

WHEREAS on April 23, 2014, Trans Union was dismissed from the Action.

WHEREAS on July 1, 2014, Equifax was dismissed from the Action.

WHEREAS on June 27, 2014, Plaintiff filed a motion to remand ("Remand Motion") the Action on the grounds that the only remaining cause of action arises exclusively under California law. The Remand Motion is set for hearing on August 7, 2014.

WHEREAS Plaintiff and Defendants agree that the Action should be remanded to the Superior Court.

NOW, THEREFORE, IT IS HEREBY STIPULATED, that the Court should enter an order remanding the Action to the Superior Court and vacating the August 7, 2014 hearing on the Remand Motion.

SO STIPULATED.

ORDER

The above stipulation having been considered and good cause appearing therefore,

IT IS SO ORDERED.

Source:  Leagle

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