STIPULATION AND [PROPOSED] ORDER TO REMAND REMOVED ACTION

HOWARD R. LLOYD, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the plaintiffs LPL Financial, LLC, and William Hastie ("Plaintiffs") on one hand, and defendants Michael T. Briley, Steve Shearn, F. Warren Wayland, Hayashi & Wayland Accounting and Consulting, LLP, Hayashi & Wayland Retirement Plan Services, Hayashi & Wayland Administrative and Insurance Services, Inc., Hayashi & Wayland Investment Services, LLC, and Leigh Jeter ("Defendants") on the other hand, (collectively "Parties"), through their respective attorneys of record as follows:

STIPULATION

1. On December 31, 2012, Plaintiffs commenced an action in the Superior Court of the State of California in and for the County of Monterey entitled LPL Financial, LLC, and William Hastie vs. Mike Briley, et al., case number M 121336 (the "Action").

2. On January 11, 2013, the Defendants accepted service of the Complaint.

3. On or about January 30, 2013, the Defendants accepted service ofthe First Amended Complaint, to which the Defendants filed an Answer on March 15, 2013.

4. On March 19, 2013, the Defendants filed a Notice ofRemoval ofthe Action to this Court, pursuant to U.S.C. § 1441 (b) based on Plaintiffs' claim of computer fraud under 18 U.S.C. § 1030(a).

5. On March 21, 2013, the Defendants completed the removal process by filing a conformed copy of the Notice of Removal with Monterey County Superior Court.

6. On September 23, 2013, the parties filed a Stipulation and [Proposed] Order with this Court pursuant to which the Defendants stipulated that Plaintiffs may file a Second Amended Complaint that omitted Plaintiffs' claim for computer fraud under 18 U.S.C. § 1030(a) ("SAC").

7. On October 8, 2013 honorable magistrate judge Howard R. Lloyd entered an Order permitting Plaintiffs to file the SAC.

8. On October 8, 2013, Plaintiffs filed the SAC with this Court, which omitted the 18 U.S.C. § 1030(a) claim and, in turn, the basis for this Court's jurisdiction over the Action.

THEREFORE, IT IS HEREBY STIPULATED BETWEEN THE PARTIES THAT:

9. The Action should immediately be remanded to the Monterey County Superior Court.

10. Each Party shall bear his/her/its/their own attorneys' fees and costs with respect to the removal and subsequent remand of the Action pursuant to this stipulation.

11. This Stipulation moots all pending deadlines, and hearings in this case should be taken off the Court's calendar.

12. This Stipulation shall not be construed as an admission or statement that the Action was improperly removed to federal court.

ORDER

THE COURT, HAVING REVIEWED THE STIPULATION AND HAVING DETERMINED THAT GOOD CAUSE EXISTS, ORDERS AS FOLLOWS:

1. The Parties' Stipulation is approved;

2. Northern District of California case number C-13 1207 HRL; titled LPL FINANCIAL LLC AND WILLIAM HASTIE V. MIKE T. BRILEY, et al.; is hereby remanded to the Superior Court of California, County ofMonterey.

IT IS SO ORDERED.