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Jose A. Gonzalez v. United Parcel Service

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


July 2, 2012

JOSE A. GONZALEZ PLAINTIFF,
v.
UNITED PARCEL SERVICE, SCOTT MILLIOT, PHILL CONAN, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel L. Real United States District Judge

JS-6

ORDER GRANTING DISMISSAL OF PLAINTIFF'S SECOND AND FIFTH CLAIM FOR RELIEF; DISMISSAL OF DEFENDANTS KONAN AND MILLIOT; AND REMAND OF CASE TO STATE COURT Judge: Manuel L. Real Courtroom: 8 Complaint Filed: March 28, 2012

For good cause showing, IT IS ORDERED that this case is immediately remanded back to the Superior Court of the State of California in and for the County of Los Angeles, according to the terms of the attached Stipulation:

1. Pursuant to the Federal Rules of Civil Procedure, Rule 41(a)(1), Plaintiff's second claim for breach of contract and fifth claim for defamation shall be dismissed without prejudice.

2. Defendants Phillip P. Konan, Jr., erroneously sued as Phill Conan, ("Konan"); and Scott Milliot ("Milliot") shall be dismissed from the matter, with prejudice. Konan and Milliot agree to bear their own costs and attorneys' fees in exchange for dismissal from this matter.

3. Following the dismissal of these claims and defendants, this action shall immediately be remanded to the California Superior Court for the County of Los Angeles.

4. Nothing in this stipulation shall prevent Defendant United Parcel Service ("UPS"), in its discretion, from removing this matter to Federal Court in the event Plaintiff amends his complaint in the future to assert claims providing federal question jurisdiction. Similarly, nothing in this stipulation shall prevent Plaintiff from contesting a future removal and seeking to have this case remanded back to State Court.

IT IS SO ORDERED.

20120702

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