Case 5:22-cv-00647-JGB-SP Document 15 Filed 05/12/22 Page 1 of 3 Page ID #:103

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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

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11 ANGELICA MICHEL Case No.: 5:22-cv-00647 JGB (SPx) [San Bernardino County Superior Court 12 Plaintiff, Case No.: CIVSB2123414]

13 v. [Assigned to Hon. Jesus G. Bernal, District Judge; Sheri Pym, Magistrate Judge] 14 DOLLAR TREE STORES, INC., DOES 1 To 20 ORDER GRANTING THE PARTIES’ 15 STIPULATION TO REMAND Defendants. 16 Complaint Filed: August 10, 2021

17 The Court, having read and considered the Parties’ Stipulation to Remand, 18 hereby ORDERS as follows: 19 I. BACKGROUND 20 On or about August 10, 2021, Plaintiff ANGELICA MICHEL (hereinafter 21 “Plaintiff”) commenced the above-entitled civil action in the Superior Court for the 22 County of San Bernardino by filing a Complaint therein entitled Angelica Michel v. 23 Dollar Tree Stores, Inc. and DOES 1 to 20, inclusive, Case No. CIVSB2123414. 24 Plaintiff’s Complaint for personal injury arises from an alleged incident on August 25 23, 2020, at defendant Dollar Tree Stores, Inc.’s (“Dollar Tree”) store in 26 Bloomington, California. Dollar Tree removed the matter to federal court pursuant to 27

, 1441, and 1367, on April 14, 2022. 28 On May 4, 2022, Plaintiff, by and through her counsel of record filed a First - 1 - [PROPOSED] ORDER GRANTING STIPULATION TO REMAND Cas@|5:22-cv-00647-JGB-SP Document15 Filed 05/12/22 Page2of3 Page |ID#:104

Amended Complaint, naming an individual known as “America” as Defendant Doe | ? in this matter. Plaintiff and Defendant America (Doe 1) are both citizens of California. ° The parties have now agreed and stipulated that complete diversity no longer * exists. Accordingly, the parties request an order from this Court remanding the case ° to the San Bernardino County Superior Court, Case No. CIVSB2123414. 6 Il. ANALYSIS ’ United States Code, Title 28, Section 1447(c), provides that “[i]f at any time before final judgment it appears that the district court lacks subject matter ° jurisdiction, the case shall be remanded.” (Emphasis added). Because complete '0 diversity no longer exists, this Court lacks subject matter jurisdiction and must, " therefore, remand the case to state court pursuant to

(c). See Bruns 25 = "2 v. NCUA

, 1257 (9" Cir. 1997) (“Section 1447(c) is mandatory, not EE 8 discretionary.”’) ae . Ill. ORDER OF THE COURT l. Pursuant to the parties’ Stipulation, because complete diversity no longer = E ‘© exists, this Court no longer has subject matter jurisdiction and the matter is hereby Be 1 REMANDED to the Superior Court for the State of California, County of San 8 Bernardino, Case No.: CIVSB2123414. This Order shall be accorded full force and ” effect in the Superior Court of the State of California, County of San Bernardino, Case 0 No.: CIVSB2123414. a 2. All pending dates in the Federal action are hereby vacated. IT IS SO STIPULATED. 23 **\) Dated: May 12, 2022 SA Z > ForJesus G.Bemal 26 United States District Court Judge 27 28 _2- ORDER GRANTING STIPULATION TO REMAND

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - ORDER GRANTING STIPULATION TO REMAND PLL ,LLEWOH & EPRAHT roolF htniN ,draveluoB arutneV 05251 1223-30419 ainrofilaC ,skaO namrehS Case 5:22-cv-00647-JGB-SP Document 15 Filed 05/12/22 Page 3 of 3 Page ID #:105 PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

1. At the time of service, I was at least 18 years of age and not a party to this legal action.

2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, CA 91403.

3. I served copies of the following documents (specify the exact title of each document served):

[PROPOSED] ORDER GRANTING STIPULATION TO REMAND

4. I served the documents listed above in item 3 on the following persons at the addresses listed:

Jonathan M. Pennell, Esq. Attorneys for Plaintiff, ANGELICA PENNELL LAW, APC MICHEL 11111 Santa Monica Blvd., Suite 100 Los Angeles, CA 90025 Tel: 310-933-5370 Fax: 310-975-1294 Email: [email protected]

5. a. X BY ELECTRONIC TRANSMISSION. By e-mailing the document(s) to the person(s) at the e-mail address(es) listed in item 4 pursuant to prior written consent of the party(ies) served. Fed.R.Civ.P. 5(b)(2)(E) and (F). I caused the documents to be sent on the date shown below to the e-mail addresses of the persons listed in item 4. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission.

6. I served the documents by the means described in item 5 on (date): See below

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

5/12/2022 Amy Eivazian /s/Amy Eivazian DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

I:\32000-000\32338\Pleadings\FEDERAL\Proposed Order on Stip to Remand.docx