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LLC v. System Energy Resources, Inc.

United States District Court, Ninth Circuit

November 15, 2013

CYPRESS GG2, LLC, a California Limited Liability Company, Plaintiff,
v.
SYSTEM ENERGY RESOURCES, INC., and DOES 1-10, inclusive, Defendants.

Daniel T. Bernhard (CSB #104229), FREELAND COOPER & FOREMAN LLP, San Francisco, California, Attorneys for Plaintiff CYPRESS GG2, LLC.

MORGAN, LEWIS & BOCKIUS LLP, Diane L. Webb (State Bar No. 197851) Michael Q. Eagan, Jr. (State Bar No. 275823) San Francisco, CA, Attorneys for Defendant SYSTEM ENERGY RESOURCES, INC.

JOINT STIPULATION FOR REMAND OF ACTION TO STATE COURT; ORDER [28 U.S.C.A. 1447(c)]

ELIZABETH D. LAPORTE, District Judge.

Plaintiff Cypress GG2, LLC ("Plaintiff" or "Cypress") and defendant System Energy Resources, Inc. ("Defendant"or "SERI"and jointly with Cypress, the "Parties") hereby enter into this stipulation to remand this action to the Superior Court of the State of California for the City and County of San Francisco:

RECITALS

WHEREAS, on September 26, 2013, Cypress filed a Complaint for Declaratory Relief ("Complaint") against SERI in the Superior Court of the State of California for the City and County of San Francisco commencing the action entitled Cypress GG2, LLC v. System Energy Resources, Inc., Case No. CGC-13-534501 (the "State Court Action");

WHEREAS, on October 24, 2013, SERI filed a Notice of Removal of Civil Action Pending in the Superior Court of the State of California for the County of San Francisco (the "San Francisco Superior Court, to the United States District Court for the Northern District of California [Dkt. No. 1] ("Notice of Removal") with this Court, thus removing the State Court Action to this Court, on the grounds of diversity of citizenship pursuant to 28 U.S.C.A. §1332; and,

WHEREAS, the Parties have met and conferred and have now determined and agreed that the parties are not in fact diverse, and that certain of Plaintiff's members/investors reside in and are citizens of Arkansas and Mississippi, thereby destroying any diversity of citizenship under 28 U.S.C.A. 1332(a);

NOW THEREFORE, the Parties stipulate and agree that this action should be remanded forthwith from the United States District Court for the Northern District of California to the Superior Court of the State of California for the City and County of San Francisco, pursuant to 28 U.S.C.A. §1447.

ORDER

GOOD CAUSE APPEARING, this action shall be and hereby is remanded forthwith to the Superior Court of the State of California for the City and County of San Francisco consistent with 28 U.S.C.A. §1447.


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