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Visaya v. MSI Inventory Service Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 24, 2010

VERONICA VISAYA AND JENNIFER BUCHANAN, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, AND ON BEHALF OF THE GENERAL PUBLIC, PLAINTIFFS,
v.
MSI INVENTORY SERVICE CORPORATION, A MISSISSIPPI (SACRAMENTO COUNTY SUPERIOR COURT) CORPORATION, AND DOES 1 TO 50, INCLUSIVE, DEFENDANTS.

JOINT STIPULATION REGARDING REMAND OF ACTION TO STATE COURT

Complaint Filed: April 23, 2010

STIPULATION

This Stipulation is entered into between Plaintiffs VERONICA VISAYA and JENNIFER BUCHANAN, on behalf of themselves and all others similarly situated, and on behalf of the general public (Plaintiffs) and Defendant MSI INVENTORY SERVICE CORPORATION ("Defendant") through their respective undersigned counsel (collectively "the Parties").

WHEREAS, Plaintiff filed this action in Sacramento County Superior Court on or about April 23, 2010;

WHEREAS, Defendant removed this action to this Court on August 9, 2010, on the ground that this is a civil action over which the Court has jurisdiction under the Class Action Fairness Act of 2005, 28 U.S.C. § 1332(d);

WHEREAS, on August 18 and 20, 2010, counsel for the parties met and conferred and then agreed to remand this matter to state court.

NOW THEREFORE, the Parties agree and stipulate that the Court will remand this action to the Sacramento County Superior Court, without costs or fees to either party.

IT IS SO STIPULATED.

Dated: August 23, 2010

MICHAEL E. BREWER ANNE-MARIE WAGGONER LITTLER MENDELSON Attorneys for Defendant MSI INVENTORY SERVICE CORPORATION

Dated: August 23, 2010

KENNETH S. GAINES DANIEL F. GAINES GAINES & GAINES, APLC Attorneys for Plaintiffs VERONICA VISAYA and JENNIFER BUCHANAN

ORDER

IT IS ORDERED that the above-referenced action is hereby remanded to the Sacramento County Superior Court, without costs or fees to either party.

20100824

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