Barrios v. American Property Management, Inc. ( 2019 )

1 LAW OFFICE OF THOMAS P. HOGAN Thomas P. Hogan, Esq. (SBN 95055) 2 tom@tomhoganlaw.com Shawnte Priest, Esq. (SBN 298460) 3 shawnte@tomhoganlaw.com 1207 13th Street, Suite 1 4 Modesto, CA 95354 Telephone: (209) 214-6600 5 Facsimile: (209) 492-9356 6 SHIMODA LAW CORP. Galen T. Shimoda (SBN 226752) 7 attorney@shimodalaw.com Erika R. C. Sembrano (SBN 306635) 8 esembrano@shimodalaw.com 9401 East Stockton Blvd., Ste 200 9 Elk Grove, California 95624 Telephone: (916) 525-0716 10 Facsimile: (916) 760-3733 11 Attorneys for Plaintiff JESSICA BARRIOS 12 LEWIS BRISBOIS BISGAARD & SMITH LLP 13 Derek S. Sachs (SBN 253990) Derek.Sachs@lewisbrisbois.com 14 ADAM P. SMITH, SBN 322035 Adam.Smith@lewisbrisbois.com 15 2020 West El Camino Avenue, Suite 700 16 Sacramento, CA 95833 Telephone: (916) 564-5400 17 Facsimile: (916) 564-5444 18 Attorneys for Defendant AMERICAN PROPERTY MANAGEMENT, INC. 19 20 UNITED STATES DISTRICT COURT 21 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 22 Case No. 1:18-cv-00352-AWI-SKO 23 JESSICA BARRIOS, STIPULATION AND ORDER TO DISMISS INDIVIDUAL CLAIMS WITH 24 Plaintiff, PREJUDICE AND REMAND THIS ACTION TO STATE COURT 25 vs. 26 AMERICAN PROPERTY MANAGEMENT, INC. and DOES 1 through 10 inclusive, 27 Defendants. 28 1 On October 7, 2019, the parties filed the following stipulation: 2 3 This Stipulation and Proposed Order is entered into between Plaintiff Jessica Barrios (“Plaintiff”) 4 and Defendant American Property Management, Inc. (“Defendant”) (Plaintiff and Defendant all 5 collectively, the “Parties”), by and through their counsel of record, as follows: 6 WHEREAS Plaintiffs filed a complaint alleging class and individual claims against Defendant in 7 the Superior Court of California for the County of Stanislaus, Case No. 2028910 on February 9, 2018 including claims for unlawful discrimination based on sex and wrongful termination in violation of 8 public policy; 9 WHEREAS Defendant removed Plaintiff’s lawsuit to the United States District Court for the 10 Eastern District of California on approximately March 12, 2018 solely based on diversity jurisdiction 11 under 28 U.S.C. § 1332 and on the value of Plaintiff’s individual claims, with the remaining state law 12 class claims being maintained through supplemental jurisdiction pursuant to 28 U.S.C. § 1367; 13 WHEREAS the Parties have met and conferred regarding these matters and agreed that 14 Plaintiffs’ individual claims for unlawful retaliation, unlawful discrimination based upon sex, and 15 wrongful termination in violation of public policy (Plaintiff’s tenth, eleventh, and twelfth causes of 16 action) should be dismissed with prejudice; 17 WHEREAS these dismissed claims were the basis for satisfying the amount in controversy 18 requirements of original jurisdiction pursuant to 28 U.S.C. § 1332; 19 WHEREAS the Parties have met and conferred regarding these matters and agreed that 20 supplemental jurisdiction of the remaining state law claims should be denied pursuant to 28 U.S.C. § 21 1367(c)(2)-(3), Rodriguez v. Emeritus Corp., 2018 U.S. Dist. LEXIS 151295 (E.D. Cal. 2018), and 22 Ayala v. Infinity Ins. Co., 2010 U.S. Dist. LEXIS 75591 (C.D. Cal. 2010) and that the Court should 23 remand the lawsuit back to the Superior Court of California for the County of Stanislaus, Case No. 24 2028910; 25 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the 26 Parties, subject to the approval of the Court, as follows: 27 1. That Plaintiff’s tenth, eleventh, and twelfth causes of action should be dismissed with 28 prejudice; 1 2. That the Court should decline supplemental jurisdiction of Plaintiff’s remaining state law 2 class action claims; 3 3. That this case will be remanded to the Superior Court of California for the County of 4 Stanislaus, Case No. 2028910. 5 IT IS SO STIPULATED. 6 7 Dated: October 7, 2019 LAW OFFICE OF THOMAS P. HOGAN 8 9 By: __/s/__Shawnte Priest ______________ 10 Thomas P. Hogan Shawnte Priest 11 (As Authorized 10/6/19) Attorneys for Plaintiff 12 13 Dated: October 7, 2019 SHIMODA LAW CORP. 14 15 By: _/s/ Justin P. Rodriguez ___________ 16 Galen T. Shimoda Justin P. Rodriguez 17 Brittany V. Berzin Attorneys for Plaintiff 18 19 Dated: October 7, 2019 LEWIS BRISBOIS BISGAARD & SMITH LLP 20 21 By: /s/ Derek S. Sachs 22 Derek S. Sachs 23 (As Authorized 10/7/19) Adam P. Smith 24 Attorneys for Defendant 25 26 After consideration, the Court will give effect to the above stipulation. 27 28 ORDER ACCORDINGLY, IT IS HEREBY ORDERED that: ° 1. Plaintiff's tenth, eleventh, and twelfth causes of action are dismissed with prejudice; 4 2. Pursuant to 28 U.S.C. § 1367(c), having dismissed Plaintiff’s tenth, eleventh, and twelfth ° causes of action, the Court declines supplemental jurisdiction of Plaintiffs’ remaining 6 claims, which solely arise under state law; and 7 3. This case is REMANDED back to the Stanislaus County Superior Court, Case No. Case 8 No. 2028910; and ? 4. The Clerk shall CLOSE this case and send a certified copy of this Order to the clerk of 10 the Stanislaus County Superior Court, pursuant to 28 U.S.C. § 1447(c). 11 12 || IT IS SO ORDERED. 13 || Dated: _ October 7, 2019 —> : SENIOR DISTRICT 14 || JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28