Mayher v. Rabobank, N.A., 5:18-cv-05501-NC. (2018)
Court: District Court, N.D. California
Number: infdco20181026b58
Visitors: 11
Filed: Oct. 25, 2018
Latest Update: Oct. 25, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO REMAND NATHANAEL M. COUSINS , Magistrate Judge . The parties through their respective counsel stipulate that: 1. On July 31, 2018, Plaintiff Timothy J. Mayher ("Plaintiff") filed his complaint ("Complaint") in the Superior Court of California, Santa Clara County ("State Court Action"). 2. On August 17, 2018, Plaintiff filed a First Amended Complaint ("FAC") in the State Court Action, but did not serve the FAC on the defendants. 3. On September 7, 2018,
Summary: STIPULATION AND [PROPOSED] ORDER TO REMAND NATHANAEL M. COUSINS , Magistrate Judge . The parties through their respective counsel stipulate that: 1. On July 31, 2018, Plaintiff Timothy J. Mayher ("Plaintiff") filed his complaint ("Complaint") in the Superior Court of California, Santa Clara County ("State Court Action"). 2. On August 17, 2018, Plaintiff filed a First Amended Complaint ("FAC") in the State Court Action, but did not serve the FAC on the defendants. 3. On September 7, 2018, ..
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STIPULATION AND [PROPOSED] ORDER TO REMAND
NATHANAEL M. COUSINS, Magistrate Judge.
The parties through their respective counsel stipulate that:
1. On July 31, 2018, Plaintiff Timothy J. Mayher ("Plaintiff") filed his complaint ("Complaint") in the Superior Court of California, Santa Clara County ("State Court Action").
2. On August 17, 2018, Plaintiff filed a First Amended Complaint ("FAC") in the State Court Action, but did not serve the FAC on the defendants.
3. On September 7, 2018, Defendant Rabobank, N.A. ("Rabobank") filed a Notice of Removal attaching the Complaint as the operative pleading (D.E. 1).
4. Plaintiff has dismissed with prejudice his claims for alleged violations of the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq. ("ECOA") and the Real Estate Settlement Procedures Act, 12 U.S.C. 2601, et seq. ("RESPA") (D.E. 1).
5. Defendants Rabobank and Breckenridge Property Fund 2016 (collectively, "Defendants") consented to Plaintiff's filing of the proposed Second Amended Complaint.
6. On October 8, 2018, Plaintiff filed a Second Amended Complaint whereby he removed the federal claims, with prejudice.
NOW THEREFORE, Plaintiff and Defendants HEREBY STIPULATE AND AGREE AS FOLLOWS:
1. There being no federal claims, the Parties stipulate to the case being remanded to state court.
IT IS SO STIPULATED.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Source: Leagle
