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Decoro v. Safeway Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


January 8, 2009

JOSE DECORO, PLAINTIFF,
v.
SAFEWAY INC. D.B.A. PAVILION, A BUSINESS ENTITY OF UNKNOWN NATURE, AND DOES 1 THROUGH 20 INCLUSIVE. DEFENDANTS.

The opinion of the court was delivered by: Hon. S. James Otero United States District Court Judge

ORDER RE DISMISSAL OF PLAINTIFF'S FIRST CAUSE OF ACTION AND REMAND

Trial Date: None Set Date Removed: November 6, 2008 Hon. S. James Otero

Pursuant to Local Rule 52-9, Defendant Safeway Inc. ("Safeway") and Plaintiff Jose Decoro, through their counsel of record, hereby stipulate as follows:

WHEREAS Plaintiff filed his Complaint in the Superior Court of the State of California in and for the County of Los Angeles on April 23, 2008;

WHEREAS the Complaint contains two causes of action--the First Cause of Action for Breach of the Covenant of Good Faith and Fair Dealing and the Second Cause of Action for Disability Discrimination in violation of California Fair Employment and Housing Act;

WHEREAS Safeway asserts that it was first served a copy of the Complaint on October 23, 2008, and Plaintiff asserts it served Safeway on May 21, 2008;

WHEREAS Safeway removed this matter to this Court on November 6, 2008 on Federal Question grounds contending that Plaintiff's First Cause of Action invested this Court with original subject matter jurisdiction under § 301 of the Labor-Management Relations Act, 29 U.S.C. § 185 ("§ 301"); and

WHEREAS Plaintiff filed a Motion to Remand on December 5, 2008 contending that (i) Safeway's removal was not timely and (ii) the First Cause of Action is not preempted by § 301;

The parties stipulate as follows: Plaintiff stipulates to the dismissal with prejudice of his First Cause of Action for Breach of the Covenant of Good Faith and Fair Dealing. The parties stipulate that the remaining cause of action in the Complaint be remanded to the Superior Court of the State of California in and for the County of Los Angeles.

IT IS SO ORDERED

20090108

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