MINUTES OF IN CHAMBERS ORDER by Judge Percy Anderson : Before the Court is defendant Dow Chemical Companys Ex Parte Application for an Order Staying Proceedings Pending Appeal. In its Application, Dow Chemical seeks to have the Court stay these proceedings pedning its appeal of the Court 5/17/05 Order Remanding Action. At a minimum, Dow Chemical conclusory assertion that "will suffer irreparable harm should the stay not be granted" is not a sufficienct showing to justify the stay pending appeal it seeks. The third and fourth fators similary do not favor the issuance of a stay. For the foregoing reasons, the Court denied the Ex Parte Application for an Order Staying Proceedings Pending Appeal. Court Reporter: Not reported. (bg, )

MINUTES OF IN CHAMBERS ORDER by Judge Percy Anderson : Although the Court has considered the Amended Notice of Removal, it, like the original Notice of Removal, does not adequately allege this Court jurisdiction. The Court therefore declines to stay the 5/17/05 Order Remanding Action or to retain jurisdiction while Dow Chemical conducts discovery to determine if the Court has jurisdiction. The Court therefore denies the EX PARTE APPLICATION and remands this action to the Superior Court for the County of Los Angeles.Court Reporter: Not reported. (bg, )

ORDER REMANDING ACTION by Judge Percy Anderson. As the party seeking to invoke this Courts jurisdiciton,Dow Chemical bears the burden of proving that jurisdiciton exists. Dow Chemicals procedurally defective Notice of Removal has failed to meet this burden. For the foregoing reasons, the Court hereby remands this action Superior Court of CA for the County of Los Angeles, Case number BC 331845, Remand letter mailed to LA County Superior Court (Made JS-6. Case Terminated.)(bg, )

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jp, )