Fitness International LLC v. National Retail Properties LP

1 THE HONORABLE BENJAMIN H. SETTLE 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT TACOMA FITNESS INTERNATIONAL, LLC, a California limited liability company, Case No. 3:20-cv-06189-BHS Plaintiff, STIPULATION AND ORDER 13 REMANDING STATE LAW CLAIMS v. 14 [CLERK'S ACTION REQUIRED] NATIONAL RETAIL PROPERTIES, LP, a Delaware limited liability company, (Pierce County Superior Court Cause No. 20-2-08426-9) 16 Defendant.

I. STIPULATED REQUEST FOR REMAND IT IS HEREBY STIPULATED between plaintiff and defendants, by and through their undersigned counsel of record, as follows: 1. Defendant National Retail Properties, LP is a Delaware limited liability company.

2. The membership interests of Plaintiff Fitness International, LLC are held by, among others, a Delaware limited liability company and a Delaware limited partnership.

3. Accordingly, the parties stipulate and agree that this Court lacks subject matter jurisdiction under 28 U.S.C. §§ 1332 and 1441. See also Johnson v. Columbia Props. Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006).

STIPULATION AND ORDER REMANDING STATE LAW CLAIMS (3:20-cv-06189-BHS) - 1 HILLIS CLARK MARTIN & PETERSON P.S.

1 4. Now, therefore, the parties jointly and respectfully request that this action be remanded to the Superior Court of Pierce County, Washington, for trial in state court.

3 DATED this 11th day of December, 2020.

4 HILLIS CLARK MARTIN & PETERSON P.S.

By s/ Amit D. Ranade 6 Amit D. Ranade, WSBA #34878 Mallory L.B. Satre, WSBA #50194 7 999 Third Avenue, Suite 4600 Seattle, WA 98104 8 Tel: (206) 623-1745 Fax: (206) 623-7789 9 [email protected] [email protected] 10 Attorneys for Defendant 12 SAVITT BRUCE AND WILLEY LLP By s/ James P. Savitt_____________________ James P. Savitt, WSBA # 16857 15 Brandi B. Balanda, WSBA # 48836 1425 Fourth Ave, Ste. 800 16 Seattle, WA 98101 Tel: (206) 749-0500 17 [email protected] [email protected] Attorneys for Plaintiff

II. ORDER The Court has considered the foregoing stipulation of the parties. Having considered the foregoing, the Court FINDS that it lacks subject matter jurisdiction under 28 U.S.C. §§ 1332 and 1441 because this case does not present a controversy between citizens of different states. Having STIPULATION AND ORDER REMANDING STATE LAW CLAIMS HILLIS CLARK MARTIN & PETERSON P.S.

1 found the foregoing, the Court hereby ORDERS that this action be remanded to the Superior Court of Pierce County, Washington for further proceedings.

3 DATED this 14th day of December 2020.

A 8 BENJAMIN H. SETTLE United States District Judge

STIPULATION AND ORDER REMANDING STATE LAW CLAIMS HILLIS CLARK MARTIN & PETERSON P.S.