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Michael Wolivar, An Individual v. Examination Management Services

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION


February 28, 2013

MICHAEL WOLIVAR, AN INDIVIDUAL, PLAINTIFF,
v.
EXAMINATION MANAGEMENT SERVICES, INC., A CORPORATION, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. James V. Selna,

JS-6

ORDER TO REMAND

Date of Motion: February 25, 2013 Time: 1:30 p.m.

Courtroom No. 10C

Upon consideration of the parties' moving, opposing, and all supporting papers in the matter, it is hereby ordered that this action is REMANDED to the Superior Court of California, County of Orange, Central Justice Center.

Further, Defendant is ordered to pay Plaintiff's attorneys' fees in bringing the Motion to Remand in the amount of $8,800. Attorney John Barber shall have to responsibility for satisfying this award.

IT IS SO ORDERED.

THE HONORABLE JAMES V. SELNA UNITED STATES DISTRICT JUDGE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

By: __________________________________

CERTIFICATE OF SERVICE

I, Geniene B. Stillwell, declare as follows:

I am an attorney licensed to practice law in the County of Orange, State of California; I am over the age of eighteen years and am not a party to this action; my business address is 384 Forest Avenue, Suite 23b, Laguna Beach, CA 92651, in said County and State. On March 4, 2013, I served a copy(ies) of the following document(s): [PROPOSED] ORDER TO REMAND on the parties to this action as follows:

Attorney Party(ies) Served Method of Service

LEWIS BRISBOIS BISGAARD & SMITH LLP John L. Barber Joseph R. Lordan 650 Town Center Drive, Suite 1400 Costa Mesa, CA 92626

Attorneys for Defendants EXAMINATION MANAGEMENT SERVICES, INC., a corporation, and DOES 1 through 100, inclusive

U.S. Mail & CM/ECF System

 BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the above-mentioned date. I deposited the envelope with the U.S. Postal Service on that same day in the ordinary course of business, via certified mail, return receipt requested. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

 BY CM/ECF SYSTEM: I caused the above-referenced document(s) to be sent by electronic transmittal to the Clerk's Office using the CM/ECF System for filing which generated a Notice of Electronic Filing to the CM/ECF registrants in this case.

 (FEDERAL) I declare under penalty of perjury under the laws of the United

States of America that the foregoing is true and correct.

Executed on March 4, 2013

Geniene B. Stillwell PROOF OF SERVICE

20130228

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