Nigro Karlin Segal Feldstein & Bolno, LLC v. Aspen American Insurance Company

Filing 35

ORDER ON Stipulation to Remand Case to Los Angeles County Superior Court #34 by Judge John F. Walter. (SEE ATTACHMENT FOR FURTHER DETAILS). (Made JS-6 Case Terminated.) (jp)

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PATRICIA L. GLASER- State Bar No. 55668
[e-mail]
MICHAEL CYPERS - State Bar No. 100641
[e-mail]
SHAWN THOMAS - State Bar No. 302593
[e-mail]
GLASER WEIL FINK HOWARD
AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
David P. Schack (SBN 106288)
[e-mail]
Matthew B. O’Hanlon (SBN 253648)
matthew.o’[e-mail]
BARNES & THORNBURG LLP
2029 Century Park East, Suite 300
Los Angeles, CA 90067-3012
Telephone: [phone]
Facsimile: 310-284-3894
Attorneys for Plaintiff and Counter-Defendant
Nigro Karlin Segal Feldstein & Bolno, LLC and
Counter-Defendant Fred Nigro
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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NIGRO KARLIN SEGAL FELDSTEIN
& BOLNO, LLC, a California limited
liability company,

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JS-6

Plaintiff,
v.
ASPEN AMERICAN INSURANCE
COMPANY, a corporation, and DOES 1100, inclusive,
Defendants.

Case No. 2:17-cv-00811-JFW-JC
ORDER ON STIPULATION TO
REMAND CASE TO LOS
ANGELES COUNTY SUPERIOR
COURT

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This Court, having read and considered the parties’ Stipulation to Remand Case

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to Los Angeles County Superior Court, and for good cause shown, orders that this

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action is hereby remanded to Los Angeles County Superior Court based on the evidence

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regarding the citizenship of Plaintiff Nigro Karlin Segal Feldstein & Bolno, LLC

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(“NKSFB”) presented in the Remand Motion filed by Plaintiff NKSFB and Counter-

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Defendant Fred Nigro (NKSFB and Nigro are collectively hereinafter referred to as the

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“NKSFB Parties”) reflecting the absence of diversity and the lack of subject matter

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jurisdiction. The NKSFB Parties shall have 30 days from the date of this Order in

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which to file in Los Angeles County Superior Court a response to Defendant and

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Counterclaimant Aspen American Insurance Company’s (“Aspen”) Counterclaim or, in

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the event that Aspen re-files its Counterclaim (which may be styled as a Cross-

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Complaint) in Los Angeles County Superior Court, counsel of record for the NKSFB

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Parties agrees to accept service of the Counterclaim/Cross-Complaint on behalf of Fred

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Nigro, and the NKSFB Parties shall have 30 days from the date on which Aspen re-files

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its Counterclaim/Cross-Complaint in which to file a response. Without prejudice to the

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recovery of costs and attorneys’ fees otherwise in this action, the parties shall each bear

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their own costs and attorneys’ fees with respect to the Remand Motion and the

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Stipulation to Remand only.

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IT IS SO ORDERED.

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Dated: March 13, 2017
_____________________________________
The Honorable John F. Walter
United States District Judge

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ORDER ON STIPULATION TO REMAND CASE
TO LOS ANGELES COUNTY SUPERIOR COURT