MOLAND v. CITY OF CERES

Case No. 1:16-CV-01073-LJO-SKO.

ROSIO MOLAND, individually; and as guardian ad litem for Shon Moland and Mya Moland; and as administratrix of the Jason Moland Estate; SHON MOLAND; and MYA MOLAND; Plaintiff, v. CITY OF CERES dba CERES POLICE DEPARTMENT; THOMAS MILLER; and Does 1 through 100, inclusive, Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

Rosio Moland, Plaintiff, represented by Dustin Jordan Dyer , Dyer Law Firm.

Rosio Moland, Plaintiff, represented by Michael Dyer , Law Offices Of Michael J. Dyer.

Shon Moland, Plaintiff, represented by Dustin Jordan Dyer , Dyer Law Firm & Michael Dyer , Law Offices Of Michael J. Dyer.

Mya Moland, Plaintiff, represented by Dustin Jordan Dyer , Dyer Law Firm & Michael Dyer , Law Offices Of Michael J. Dyer.

City of Ceres, Defendant, represented by Bradley J. Swingle , Arata, Swingle, Van Egmond & Goodwin.

Thomas Miller, Defendant, represented by Gary G. Goyette , Goyette & Associates, Inc..


STIPULATION TO REMAND REMOVED ACTION; ORDER THEREON

LAWRENCE J. O'NEILL, Chief District Judge.

ROSIO MOLAND, individually; and as guardian ad litem for Shon Moland and Mya Moland; and as administratrix of the Jason Moland Estate; SHON MOLAND; and MYA MOLAND (hereinafter "Plaintiffs"), CITY OF CERES dba CERES POLICE DEPARTMENT and THOMAS MILLER stipulate as follows:

1. On May 6, 2016, Plaintiffs commenced an action in the Superior Court of the State of California in and for the County of Stanislaus entitled ROSIO MOLAND, individually; and as guardian ad litem for Shon Moland and Mya Moland; and as administratrix of the Jason Moland Estate; Shon and Mya Moland, Plaintiffs, vs City of Ceres dba Ceres Police Department; Thomas Miller; and Does 1 through 100, inclusive, Defendants as Case No. 2020043.

2. On July 25, 2016, Defendant City of Ceres filed a notice of removal to Federal Court pursuant to 28 USC §§ 1446(a), (b), 1367(a) and 1391(b).

3. Defendants each filed motions to dismiss in federal court. After completion of these motions, Plaintiff, pursuant to Court order, filed a Second Amended Complaint. The Second Amended Complaint did not contain federal causes of action, which were present in prior versions of Plaintiff's complaint.

4. After some discussion, the parties have agreed that the Action should be remanded to Stanislaus County Superior Court. To that end, the Parties hereby stipulate that the Action be remanded to Stanislaus County Superior Court.

5. The Parties further stipulate that each party shall bear its own attorneys' fees and costs with respect to the removal and subsequent remand of the Action pursuant to this stipulation and order.

ORDER

In February of 2017, the Parties to the above-referenced actions filed a Stipulation to Remand Removed Action. The Court having reviewed that stipulation and good cause appearing, order as follows:

1. The Parties' stipulation is approved;

2. Eastern District of California Case Number 1:16-CV-01073-LJO-SKO entitled ROSIO MOLAND, individually; and as guardian ad litem for Shon Moland and Mya Moland; and as administratrix of the Jason Moland Estate; Shon and Mya Moland, Plaintiffs, vs City of Ceres dba Ceres Police Department; Thomas Miller; and Does 1 through 100, Defendants is hereby remanded to Stanislaus County Superior Court.

IT IS SO ORDERED.


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