Filed: Aug. 15, 2019
Latest Update: Aug. 15, 2019
Summary: STIPULATION TO REMAND TO STATE COURT AND ORDER THEREON BARBARA A. McAULIFFE , Magistrate Judge . TO THE COURT, ALL PARTIES, AND RESPECTIVE COUNSEL OF RECORD: Plaintiff D.L., a minor, by and through his Guardian Ad Litem, Kari Ann Junio, and through his counsel of record Mark Wade Coleman, Esq., and Defendant, Margaret Vassilev, M.D., through her counsel of record Richard Salinas, Esq., hereby agree and stipulate as follows: Upon dismissal of the United States, the Court will have no furth
Summary: STIPULATION TO REMAND TO STATE COURT AND ORDER THEREON BARBARA A. McAULIFFE , Magistrate Judge . TO THE COURT, ALL PARTIES, AND RESPECTIVE COUNSEL OF RECORD: Plaintiff D.L., a minor, by and through his Guardian Ad Litem, Kari Ann Junio, and through his counsel of record Mark Wade Coleman, Esq., and Defendant, Margaret Vassilev, M.D., through her counsel of record Richard Salinas, Esq., hereby agree and stipulate as follows: Upon dismissal of the United States, the Court will have no furthe..
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STIPULATION TO REMAND TO STATE COURT AND ORDER THEREON
BARBARA A. McAULIFFE, Magistrate Judge.
TO THE COURT, ALL PARTIES, AND RESPECTIVE COUNSEL OF RECORD:
Plaintiff D.L., a minor, by and through his Guardian Ad Litem, Kari Ann Junio, and through his counsel of record Mark Wade Coleman, Esq., and Defendant, Margaret Vassilev, M.D., through her counsel of record Richard Salinas, Esq., hereby agree and stipulate as follows:
Upon dismissal of the United States, the Court will have no further jurisdiction over this action, therefore, it is appropriate under 28 U.S.C. § 1447(c) for the court to remand the remainder of this action, to wit, Plaintiff's claims against the non-federal defendant, to the Tulare County Superior Court, where it was originally filed as [D.L.] v. Margaret Vassilev, M.D., et al., Case No. 246425.
IT IS SO STIPULATED.
Dated:July 23, 2019. NUTTALL COLEMAN & DRANDELL
/s/Mark W. Coleman
MARK W. COLEMAN
Attorney for Plaintiff
D.L.
Dated: July 23, 2019. WEISS, MARTIN, SALINAS & HEARST
/s/Richard Salinas
RICHARD SALINAS, ESQ.,
Attorneys for Defendant,
MARGARET VASSILEV, MD
ORDER
Based on the stipulation of the parties filed herein, IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. § 1447(c), Plaintiff's claims against the non-federal defendant is hereby remanded back to Tulare County Superior Court, where it was originally filed as [D.L.] v. Margaret Vassilev, M.D., et al., Case No. 246425.
IT IS SO ORDERED.