Hinds Investments. LP, et. al. v. Team Enterprises, Inc, et. al.
Filing
159
STIPULATION to Dismiss Federal Claims and Remand Case to State Court; ORDER re: 158 , signed by District Judge Lawrence J. O'Neill on 11/22/11. CASE REMANDED to Fresno County Superior Court. Copy of remand order sent to other court. CASE CLOSED. (Gonzalez, R)
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GREBEN & ASSOCIATES
1332 ANACAPA, SUITE 110
SANTA BARBARA, CA 93101
TELEPHONE: (805) 963-9090
FACSIMILE: (805) 963-9098
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Jan A. Greben, State Bar No. 103464
jan@grebenlaw.com
Jeff G. Coyner, State Bar No. 233499
jeff@grebenlaw.com
Danielle De Smeth, State Bar No. 263309
danielle@grebenlaw.com
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Attorneys for Defendant Team Enterprises, Inc., and Third Party Plaintiff Team Enterprises, LLC
(as successor in interest to Defendant Team Enterprises, Inc)
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UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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HINDS INVESTMENTS, L.P. and
PATRICIA MACLAUGHLIN as TRUSTEE
of the THOMAS F. HINDS AND MARY
JANE HINDS LIVING TRUST, as
successor-in-interest to THOMAS F. HINDS,
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CASE NO. 1:07-CV-00703-LJO-GSA
STIPULATION TO DISMISS FEDERAL
CLAIMS AND REMAND CASE TO STATE
COURT; ORDER
Plaintiffs,
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vs.
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TEAM ENTERPRISES, INC.;
MULTIMATIC CORPORATION;
MULTIMATIC DRY CLEANING
MACHINE CORPORATION;
MULTIMATIC LLC; KIRRBERG
CORPORATION; HOYT CORPORATION;
R.R. STREET & CO. INC.,
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Defendants.
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TEAM ENTERPRISES, LLC,
Third Party Plaintiff,
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v.
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CSK AUTO, INC. dba KRAGEN AUTO
PARTS; COOPER INDUSTRIES LTD;
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Third Party Defendants.
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STIPULATION TO DISMISS FEDERAL CLAIMS AND REMAND CASE TO STATE COURT; [PROPOSED] ORDER
1:07-cv-00703- LJO- GSA
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The parties to this action, plaintiffs Hinds Investments, L.P. and Patricia MacLaughlin as
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Trustee for the Thomas F. Hinds and Mary Jane Hinds Living Trust, successor-in-interest to
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Thomas F. Hinds (collectively “Hinds”), and defendant Team Enterprises, LLC, as successor in
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interest to Team Enterprises, Inc. (“Team”), by and through their attorneys of record, stipulate to
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the following:
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Hinds and Team stipulate to the dismissal of their respective federal claims, without
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prejudice, arising under the Comprehensive Environmental Response, Compensation and
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Liability Act, 42 U.S.C. § 9601, et seq., and the Resources Conservation and Recovery Act, 42
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U.S.C. §6901, et seq., as to both the Shaw Avenue and the North First Street properties, which
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are the subject matter of this action. In light of the Ninth Circuit decisions affirming this Court’s
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dismissals of other parties to this action, the parties wish to proceed on state causes of action
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only.
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Accordingly, the parties stipulate that all federal claims are dismissed without prejudice.
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Each party will bear its own attorneys’ fees and costs relating to all dismissed federal claims.
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Further, the parties respectfully request the Court remand the instant action to state court.
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SO STIPULATED:
Date: November 22, 2011
ST ANZLER LAW GROUP LLC
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/s/ Jordan Stanzler
Jordan Stanzler
Attorneys for Plaintiffs Hinds Investments, L.P. and
Patricia MacLaughlin as Trustee for the Thomas F.
Hinds and Mary Jane Hinds Living Trust,
successor-in-interest to Thomas F. Hinds
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Date: November 22, 2011
GREBEN & ASSOCIATES
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/s/ Jan Greben
Jan Greben
Jeff Coyner
Danielle De Smeth
Attorneys for Defendant Team Enterprises, Inc., and
Third Party Plaintiff Team Enterprises, LLC
(as successor in interest to Defendant Team
Enterprises, Inc.)
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STIPULATION TO DISMISS FEDERAL CLAIMS AND REMAND CASE TO STATE COURT; [PROPOSED] ORDER
1:07-cv-00703- LJO- GSA
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IT IS SO ORDERED:
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Based upon the Stipulation of the parties, federal claims arising under the Comprehensive
3 Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq., and the
4 Resources Conservation and Recovery Act, 42 U.S.C. §6901, et seq., as to both the Shaw Avenue
5 and the North First Street properties, which are the subject matter of this action, are dismissed
6 without prejudice and the case is remanded to Fresno County Superior Court due to lack of
7 subject matter jurisdiction. This Court vacates all pending dates and matters, including the July
8 31, 2012 pretrial conference and the September 11, 2012 trial. The clerk is directed to take
9 necessary steps to remand this action to the Fresno County Superior Court and to close this action.
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IT IS SO ORDERED.
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Dated:
16 66h44d
November 22, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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STIPULATION TO DISMISS FEDERAL CLAIMS AND REMAND CASE TO STATE COURT; [PROPOSED] ORDER
1:07-cv-00703- LJO- GSA
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