UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE STEVEN MCINCHAK Petitioner/Plaintiff, v. CITY OF CARMEL-BY-THE-SEA, JASON STILWELL, CITY ADMINISTRATOR OF THE CITY OF CARMEL-BY-THE-SEA, SUSAN PAUL, ADMINISTRATIVE SERVICES DIRECTOR OF THE CITY OF CARMEL BY-THE-SEA; and DOES 1 through 50, inclusive, Defendants, STIPULATION RE REMAND OF CASE, DISMISSAL OF DEFENDANTS JASON STILWELL AND SUSAN PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION

ABSTRACT:  STIPULATION RE REMAND OF CASE, DISMISSAL OF DEFENDANTS JASON STILWELL AND SUSAN PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION document, including EXHIBIT A and EXHIBIT B, filing date 08/15/14, is embedded. This Stipulation is entered into and between plaintiff Steven McInchak (“Plaintiff”) and defendants Jason Stilwell (“Mr. Stilwell”), Susan Paul (“Ms. Paul”) and the City of Carmel-by-the-Sea (“City”) (referred to herein collectively as “Defendants”), through their undersigned counsel. The parties hereby stipulate to the following:
WHEREAS, Plaintiff filed a Motion to Remand Case to State Court on August 1, 2014;
WHEREAS, Defendants filed a Motion to Strike Certain Claims of Plaintiff’s Petition-Complaint Pursuant to California Code of Civil Procedure Section 425.16 (“Anti-SLAPP Motion”) on August 1, 2014;
WHEREAS, Defendants find it agreeable to remand this action to state court and withdraw the Anti-SLAPP Motion in exchange for Plaintiff agreeing to (i) dismiss Mr. Stilwell and Ms. Paul entirely from this action, without prejudice; and (ii) amend Plaintiff’s Petition-Complaint filed on June 4, 2014 (“Original Complaint”) to delete certain language alleging violations of federal law and the U.S. Constitution.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. Plaintiff and Defendants agree to an order of the Court remanding the above-captioned action to the Superior Court of California, Monterey County.
2. Within 20 court days after the federal court clerk issues the order of remand to the clerk of the Superior Court of California, Monterey County (“Notice of Remand”), Plaintiff shall dismiss Mr. Stilwell and Ms. Paul from the above-captioned action, without prejudice, by filing requests for dismissal substantially in the form of Exhibit “A” and Exhibit “B” attached hereto.

3. Within 20 court days after the Notice of Remand, Plaintiff shall file an amended complaint in this action, which amended complaint shall have deleted all language related to federal law and the United States Constitution located in paragraph 18, at page 7, lines 25 through 26 of the Original Complaint but shall otherwise be identical to the Original Complaint.
4. Within 20 court days after the Notice of Remand, Defendants shall withdraw their Anti-SLAPP Motion without prejudice.
5. Nothing in this stipulation or Defendants’ withdrawal of their Anti-SLAPP Motion shall be construed as a waiver of any right, cause of action or defense by any party.
6. This stipulation may be executed in multiple parts, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same stipulation.
DATED: August 15, 2014 STONER WELSH & SCHMIDT

By: /s/ Michelle Welsh

Michelle Welsh

Attorney for Plaintiff

STEVEN MCINCHAK

DATED: August 15, 2014 STRADLING YOCCA CARLSON & RAUTH

A Professional Corporation

By: /s/ Allison E. Burns

Jeffrey A. Dinkin

Allison E. Burns

David C. Palmer

Attorneys for Defendants

CITY OF CARMEL-BY-THE SEA; JASON STILWELL; SUSAN PAUL

STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION...

STIPULATION RE REMAND OF CASE, DISMISSAL OF DEFENDANTS JASON STILWELL AND SUSAN PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION