Amiri v. Life Time, Inc. ( 2020 )

1 PAUL ASTERLIN California State Bar No. 218353 2 ASTERLIN LAW GROUP 770 L Street, Suite 950 3 Sacramento, CA 95814 4 Telephone: (916) 438-6920 Facsimile: (916) 438-6921 5 6 Attorneys for Plaintiffs, 7 JANE DOE and AZADEH AMIRI 8 9 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 15 JANE DOE, by and through her Guardian Ad ) Case No.: 2:20-CV-00202-TLN-KJN 16 Litem, and AZADEH AMIRI, ) ) 17 ) STIPULATION FOR GRANTING 18 Plaintiffs, ) PLAINTIFF LEAVE TO AMEND TO FILE ) SECOND AMENDED COMPLAINT FOR 19 v. ) DAMAGES AND REMAND TO STATE ) COURT FOR LACK OF DIVERSITY 20 LIFE TIME, INC. dba MINNESOTA LIFE ) JURISDICTION; ORDER 21 TIME, INC., AARON STEPHENS, BROOKE ) STEPHENS, STEPHEN DATTE, JUSTINE ) ______________________________________ 22 VOELLER and DOES 1-50. ) [UNLIMITED CIVIL CASE, OVER $25,000] 23 ) ) State Action Filed: September 23, 2019 24 Defendants. ) State Case No. 34-2019-00265438 ) 25 ) 26 ) 27 28 1 WHEREAS LIFE TIME, INC. dba MINNESOTA LIFE TIME, INC. removed the above 2 captioned matter from Superior Court of California, County of Sacramento to this Court. 3 WHEREAS on February 21, 2020, JANE DOE, by and through her Guardian Ad Litem, 4 and AZADEH AMIRI, (“Plaintiffs”) filed a First Amended Complaint, as a matter of course (Fed. 5 R. Civ. P. 15(1)(A)), for Negligence, Negligent Supervision, Intentional Infliction of Emotional 6 Distress, and Negligent Infliction of Emotional Distress and against LIFE TIME, INC. dba 7 MINNESOTA LIFE TIME, INC., AARON STEPHENS, BROOKE STEPHENS, STEPHEN 8 DATTE, JUSTINE VOELLER (“Defendants”). 9 WHEREAS Plaintiffs wish to avoid any potential prejudice to their rights under Fed. R. Civ. 10 P. 41(1)(B) by dismissing the entire action and re-filing it in state court; 11 WHEREAS Plaintiffs now seek to file a Second Amended Complaint for Damages, which 12 makes several clarifications and removes individual defendants STEPHEN DATTE and JUSTINE 13 VOELLER, with the intent to dismiss, without prejudice, said individual defendants from this action 14 without current intent to rename them in any state court action; 15 WHEREAS a copy of Plaintiffs’ proposed Second Amended Complaint for Damages is 16 attached hereto as Exhibit “A.” 17 WHEREAS the Court no longer has Diversity Jurisdiction based on the naming of 18 Defendants AARON STEPHENS and BROOKE STEPHENS who are necessary parties to this 19 action. 20 21 22 23 24 25 /// 26 /// 27 /// 28 /// 1 IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants, by and through 2 their respective counsel, that: 3 1. Plaintiffs should be granted leave to amend to file their Second Amended 4 Complaint for Damages, a copy of which is attached hereto as Exhibit “A.” 5 2. Defendants STEPHEN DATTE and JUSTINE VOELLER will be dismissed without 6 prejudice. A copy of the dismissal is attached hereto as Exhibit “B.” 7 3. The matter should be remanded back to Sacramento Superior Court for lack of 8 Diversity Jurisdiction. 9 10 Dated: June 3, 2020 ASTERLIN LAW GROUP 11 12 By: /s/ Paul Asterlin 13 PAUL ASTERLIN Attorneys for Plaintiffs, 14 JANE DOE AND 15 AZADEH AMIRI 16 17 Dated: June 3, 2020 SIMS, LAWRENCE & ARRUTI 18 19 By: /s/ Cynthia G. Lawrence 20 CYNTHIA G. LAWRENCE Attorneys for Defendant, 21 LIFE TIME, INC. 22 23 Dated: June 3, 2020 SEGAL & ASSOCIATES, PC 24 25 By: /s/ John T. Kinn 26 JOHN T. KINN Attorneys for Defendants, 27 AARON STEPHENS, and 28 BROOKE STEPHENS 1 ORDER 2 The Court having reviewed the foregoing Stipulation, and good cause appearing therefore: 3 IT IS HEREBY ORDERED that Plaintiffs, JANE DOE, by and through her Guardian Ad 4 Litem, and AZADEH AMIRI are granted leave to file their Second Amended Complaint for 5 Damages upon filing of this order. 6 IT IS ALSO ORDERED that Defendants STEPHEN DATTE and JUSTINE VOELLER are 7 dismissed without prejudice as to the entire case and all causes of action pursuant to Fed. R. Civ. P. 8 41(a)(1)(A). 9 IT IS FURTHER ORDERED that the matter be remanded back to California Superior 10 Court, County of Sacramento upon filing of the Second Amended Complaint based on the parties' 11 Stipulation. 12 13 IT IS SO ORDERED 14 Dated: June 4, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28