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Michael V. Ubaldi v. Otismed Corporation; Stryker Corporation; and Does 1 Through 50

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 7, 2011

MICHAEL V. UBALDI,
PLAINTIFF,
v.
OTISMED CORPORATION; STRYKER CORPORATION; AND DOES 1 THROUGH 50, DEFENDANT.

SEDGWICK LLP WAYNE A. WOLFF (State Bar No.161351) 2 wayne.wolff@sedgwicklaw.com DAVID D. MESA (State Bar No. 257488) 3 david.mesa@sedgwicklaw.com 333 Bush Street, 20th Floor 4 San Francisco, CA 94104 Telephone: 415.781.7900 5 Facsimile: 415.781.2635 6 Attorneys for Defendant STRYKER CORPORATION 7 8

STIPULATION FOR REMAND AND [PROPOSED] ORDER

The parties, by and through their attorneys of record, as set forth below, hereby stipulate 18 and agree as follows: 19 1. On or about May 24, 2011, an action was commenced in the Superior Court of the State of California, County of Sacramento, entitled Michael V. Ubaldi v. Otismed Corporation, 21 20 Stryker Corporation, and Does 1 through 50, Case No. 34-2011-00103900. 22 2. On August 11, 2011, defendant Stryker Corporation removed the above-entitled 23 action to this Court pursuant to 28 U.S.C. §§ 1332(a)(1) and 1441(a). 24 3. On September 12, 2011, plaintiff Michael V. Ubaldi filed his motion to remand 25 the action to the Superior Court of the State of California, County of Sacramento, asserting the 26 lack of diversity among defendants supporting removal jurisdiction. 27

4. After investigating the issue, counsel for defendant Stryker Corporation 28 determined a mistake had been made regarding the corporate status of defendant Otismed Corporation as it existed at the time of removal. While Stryker Corporation, a Michigan 2 corporation, had previously purchased its assets, Otismed Corporation remains registered with 3 the State of California as an active corporation. Accordingly, due to the discovery of this 4 information the parties hereby stipulate to remand this action to the Superior Court of the State of 5 California, County of Sacramento.

ORDER

Based on the stipulation of the parties, this case is hereby remanded to the Superior Court 3 of California, County of Sacramento, Case Number 34-2011-00103900.

SO ORDERED.

20110907

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