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HMBY, LP v. City of Soledad

United States District Court, Ninth Circuit

December 20, 2013

HMBY, LP, a limited partnership, and NADER T. AGHA, an individual, Plaintiffs,
v.
CITY OF SOLEDAD; and DOES 1 50, inclusive, Defendants. AND RELATED COUNTERCLAIM

Vincent P. Hurley, #111215 Amanda M. Cohen, #243946 LAW OFFICES OF VINCENT P. HURLEY A Professional Corporation, Aptos, California. Attorneys for Defendant/Counterclaimant CITY OF SOLEDAD

STIPULATION AND [PROPOSED] ORDER REMANDING COMPLAINT AND COUNTERCLAIM

HOWARD R. LLOYD, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties to this action, through their respective attorneys of record, as follows:

1. Whereas, on November 8, 2013, the patties filed a Stipulation of Dismissal, pursuant to Federal Rule of Civil Procedure 41(a), wherein Plaintiffs voluntarily dismissed the first, second, third, fourth, fifth, sixth and eighth claims from their verified first amended complaint; and

2. Whereas the dismissal through stipulation took effect immediately, without order of the Court; and

3. Whereas the jurisdictional basis for removal of this action to federal court was the federal questions presented in claims that were dismissed from Plaintiffs' complaint; and

4. Whereas the counterclaim asserted by the City of Soledad states no federal claims; and

5. Whereas no federal claim remains in the entire action, the parties' remaining claims, all arising under state law, are best adjudicated by a state court; and

6. Whereas remand will unburden the District Comt of this litigation and allow the action to proceed more efficiently and cost effectively in the Monterey County Superior Court; and

7. Whereas remand will give the parties another opportunity to attempt to resolve th case without a trial;

8. The parties agree and hereby request that the Court decline to exercise continuing supplemental jurisdiction over the parties' remaining claims and remand the action to the Monterey County Superior Court, and the parties hereby move the Court for an order to that effect.

IT IS SO STIPULATED.

Pursuant to stipulation of the parties, and good cause appearing, IT IS ORDERED that this Court declines to exercise continuing supplemental jurisdiction over the remaining claims and hereby remands the entire action to the Superior Court of Monterey County, State of California.


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