Free Motion to Remand to State Court - District Court of California - California

Case 3:07-cv-02133-JM-BLM

Document 4

Filed 11/13/2007

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JOHN DONBOLI (SBN: 205218) [email protected] JL SEAN SLATTERY (SBN: 210965) [email protected] DEL MAR LAW GROUP, LLP 322 8th Street, Suite 101 Del Mar, CA 92014 Telephone: (858) 793-6244 Facsimile: (858) 793-6005 Attorneys for Plaintiff: David Paz and all others similarly situated UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DAVID PAZ, an individual and on behalf of all ) others similarly situated, ) ) Plaintiff, ) ) vs. ) ) PLAYTEX PRODUCTS, INC., a Delaware ) Corporation, and DOES 1 through 100, ) inclusive, ) ) Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:07-cv-2133-JM-BLM CLASS ACTION NOTICE OF MOTION AND MOTION TO REMAND FOR LACK OF SUBJECT MATTER JURISDICTION ACCOMPANYING DOCUMENTS: Memorandum of Points and Authorities; Evidentiary Objections to Declaration of Brenda Liistro; Objections To and Request For An Order Striking Submission of Unrelated Decision [28 U.S.C. § 1447] Date: Time: District Judge: Room/Floor: December 14, 2007 1:30 p.m. Hon. Jeffrey T. Miller Room 16 / 5th Floor

[NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT]

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on December 14, 2007 at 1:30 p.m. in Courtroom 16 of the above-entitled court, or as soon thereafter as this matter may be heard, before the Honorable Jeffrey T. Miller, plaintiff DAVID PAZ ("Plaintiff") will move the Court for an Order
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NOTICE OF MOTION AND MOTION FOR REMAND CASE NO. 3:07-CV-2133-JM-BLM

Case 3:07-cv-02133-JM-BLM

Document 4

Filed 11/13/2007

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remanding this action to the Superior Court for the State of California, County of San Diego. The basis for this Motion is that this Court lacks federal subject matter jurisdiction over this matter. This Motion is supported by the accompanying Memorandum of Points and Authorities in support of the Motion, the Evidentiary Objections to the Declaration of Brenda Liistro, Plaintiff's Objections to and Request For An Order Striking Defendant's Submission of Unrelated Decision and References Thereto, the papers, pleadings and records on file in this action, and upon such oral and documentary evidence as may be presented to the Court in connection with this Motion. Dated: November 13, 2007 Respectfully submitted, DEL MAR LAW GROUP, LLP

by s/John H. Donboli ___ JOHN H. DONBOLI E-mail: [email protected] JL SEAN SLATTERY Attorneys for Plaintiff DAVID PAZ, an individual and on behalf of all others similarly situated

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NOTICE OF MOTION AND MOTION FOR REMAND CASE NO. 3:07-CV-2133-JM-BLM