Opinion
Case No. 2:12-CV-03106-MCE-GGH
03-06-2012
ALEX G. TOVARIAN, State Bar No. 264547 LAW OFFICE OF ALEX G. TOVARIAN Attorneys for Plaintiff ANDREY ADAMENKO MELINDA S. RIECHERT, State Bar No. 65504 MORGAN, LEWIS & BOCKIUS LLP ttorneys for Defendant ARAMARK CAMPUS, LLC, erroneously sued as ARAMARK, INC.
ALEX G. TOVARIAN, State Bar No. 264547
LAW OFFICE OF ALEX G. TOVARIAN
Attorneys for Plaintiff
ANDREY ADAMENKO
MELINDA S. RIECHERT, State Bar No. 65504
MORGAN, LEWIS & BOCKIUS LLP
Attorneys for Defendant
ARAMARK CAMPUS, LLC, erroneously sued as
ARAMARK, INC.
JOINT STIPULATION TO REMAND;
ORDER
Plaintiff Andrey Adamenko ("Plaintiff") and Defendant ARAMARK Campus, LLC, erroneously sued herein as ARAMARK, INC. ("ARAMARK") (collectively the "Parties"), by and through their respective counsel of record, hereby stipulate as follows:
WHEREAS, on or about November 30, 2012, Plaintiff filed the Complaint in the instant action in Sacramento County Superior Court, Case No. 34-2012-00133073;
WHEREAS, on or about December 28, 2012, Defendant removed the case to the Eastern District of California based on federal diversity jurisdiction;
WHEREAS, on or about January 31, 2013, Plaintiff filed and served an Amended Motion to Remand ("Motion") on the basis that the amount in controversy in this action does not exceed $50,000;
WHEREAS, after meeting and conferring, the Parties agree that the amount in controversy in this action, including damages, attorney's fees, costs and interest, does not exceed $50,000; as a result, federal diversity jurisdiction does not exist in this case and the case should be remanded to Sacramento County Superior Court, where it was originally filed;
THEREFORE, IT IS HEREBY STIPULATED by the Parties that,
1. The amount in controversy in this action does not exceed $50,000, inclusive of damages, attorneys' fees, costs, and interest, and Plaintiff does not and will not seek damages, attorney's fees, costs, and interest in excess of $50,000;
2. Plaintiff shall withdraw his Motion to Remand, including the request for attorney's fees and sanctions; and
3. This action shall be remanded to Sacramento County Superior Court, where it was originally filed.
LAW OFFICE OF ALEX G. TOVARIAN
By ____________________
ALEX G. TOVARIAN
Attorneys for Plaintiff
Andrey Adamenko
MORGAN, LEWIS & BOCKIUS LLP
By ____________________
MELINDA S. RIECHERT
Attorneys for Defendant
ARAMARK CAMPUS, LLC, erroneously
sued as ARAMARK, INC.
ORDER
Having reviewed the foregoing Stipulation, the pleadings and papers on file in this action, matters of which the Court may properly take judicial notice, and GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the instant action is remanded to Sacramento County Superior Court. Each party will bear his own costs and fees related to removal and remand.
IT IS SO ORDERED.
____________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE