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John Moore v. Magnolia Furniture

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


March 7, 2013

JOHN MOORE,
PLAINTIFF,
v.
MAGNOLIA FURNITURE, LLC; AND DOES 1- 150, INCLUSIVE, DEFENDANTS.

RE: Alameda County Superior Court Case No. RG13662039

The opinion of the court was delivered by: Hon. Phyllis J. Hamilton United States District Judge

STIPULATION TO REMAND; [PROPOSED] ORDER 22

Trial Date: None

WHEREAS, on January 3, 2013, Plaintiff John Moore commenced this action in the California Superior Court for Alameda County, Case No. RG13662039 ;

WHEREAS, Defendant Magnolia Furniture, LLC removed this action to this Court on February 8, 2013; 5

WHEREAS, the parties have met and conferred regarding whether the case should be 6 remanded to the California Superior Court for Alameda County; 7 IT IS HEREBY STIPULATED by and between the parties, and through their undersigned 8 counsel, that: 9

1. The entire above-captioned action, which has been removed to the United States 4 District Court for the Northern District of California, be remanded back to the Superior Court of 11 California for Alameda County; 12

2. Defendant's entering into this stipulation shall not be deemed a waiver of the grounds 13 asserted in support of its motion to dismiss for lack of personal jurisdiction or, alternatively, motion 14 to strike, filed in this Court on February 15, 2013; and 15

3. Plaintiff's entering into this stipulation shall not be deemed a general appearance or 16 otherwise affect Plaintiff's rights; 17

Dated: March 6, 2013 THE CHANLER GROUP 18 19 By: /S/ Laurence D. Haveson 10 Attorneys for Plaintiff JOHN MOORE 20 21 22 23 Dated: March 6, 2013 ARCHER NORRIS 24 25 By: /S/ Peter W. McGaw 26 Attorneys for Defendant MAGNOLIA FURNITURE, LLC

Pursuant to Civil L.R. 5-1(i)(3), the filer attests that concurrence in the filing of this document has 28 been obtained from each of the above signatories.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated:

20130307

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