James v. Trilogy Corporation d/b/a Trilogy Excursions

Filing 11

ORDER pursuant to ECF No. 9 Stipulation, this case is TRANSFERRED to the U.S. District Court, District of Hawaii. Signed by Judge Miranda M. Du on 1/25/2018. (Copies have been distributed pursuant to the NEF - KW)[Transferred from Nevada on 1/26/2018.]

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ALVERSON, TAYLOR, MORTENSEN & SANDERS
DAVID J. MORTENSEN, ESQ.
Nevada Bar No. 2547
MARJORIE E. KRATSAS, ESQ.
Nevada Bar No. 12934
6605 Grand Montecito Parkway, Suite 200
Las Vegas, Nevada 89149
Phone:
[phone]
Facsimile:
[phone]
E-File: [e-mail]
Attorneys for Defendant
Trilogy Corporation
d/b/a Trilogy Excursions

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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DAVID C. JAMES, JR.,
Plaintiffs,

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STIPULATION AND ORDER TO
TRANSFER CASE TO THE
UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF
HAWAII

vs.
TRILOGY CORPORATION, a foreign
corporation, dba TRILOGY EXCURSIONS,
DOES 1-10 and ROE CORPORATION 1-10,
inclusive,

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Civil Case No.
3:18-cv-00010-MMD-WGC

Defendants.
______________________________________
Subject to the approval of the Court, the parties, by and through their undersigned

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counsel, hereby submit this Stipulation and Order to Transfer Case to the United States
District Court for the District of Hawaii.
STIPULATION

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1.

WHEREAS, Plaintiff DAVID C. JAMES, JR., (“Plaintiff”) filed his

Complaint for general negligence against Defendant TRILOGY CORPORATION, a
foreign corporation, dba TRILOGY EXCURSIONS (“Defendant”), in the Ninth Judicial

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District of the State of Nevada, County of Douglas, on August 10, 2017.
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2.

WHEREAS, Plaintiff alleged that on August 11, 2015, Plaintiff was on a

boat operated by Defendant in the waters in Hawaii. Plaintiff alleged he sustained injuries
while on the boat excursion and that he received medical treatment at Maui Medical

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Center, in Hawaii. Plaintiff alleged that he returned to Nevada following the incident to
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continue his medical care. See generally, Plaintiff’s Complaint.
3.

WHEREAS, Defendant has represented to Plaintiff that Defendant is a

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corporation duly incorporated in the state of Hawaii, with its principal place of business in

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Lahaina, Hawaii. Defendant is a charter boat company which operates charter/tour vessels

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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strictly within the state of Hawaii.
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WHEREAS, Defendant has represented to Plaintiff that Defendant has not

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appointed an agent for service of process in the state of Nevada.
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5.

WHEREAS, Defendant has represented to Plaintiff that Defendant has no

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officers, directors or employees residing or domiciled in the state of Nevada, nor is

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Defendant contracted with persons residing in the state of Nevada to act on any of their

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behalves with respect to marketing Defendant’s services.

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6.

WHEREAS, Defendant has represented to Plaintiff that Defendant does not

have any offices or comparable facilities in the state of Nevada nor does Defendant have

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any telephone listings or mailing addressed in the states of Nevada.
7.

WHEREAS, Defendant has represented to Plaintiff that Defendant does not

have any bank accounts or other tangible, personal property in the state of Nevada.
8.

WHEREAS, Defendant has represented to Plaintiff that Defendant does not

own or lease any real property in the state of Nevada.
9.

WHEREAS, Defendant has represented to Plaintiff that Defendant does not

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ship or transport products, goods or services into the state of Nevada.
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10.

WHEREAS, Defendant has represented to Plaintiff that Defendant does not

direct any of its advertising specifically toward the state of Nevada, nor does it advertise
in any publications that are directed primarily toward Nevada residents.

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11.

WHEREAS, Defendant has represented to Plaintiff that no meetings of

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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Defendant’s Board of Directors or shareholders have been conducted in the state of
Nevada.
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WHEREAS, Defendant has represented to Plaintiff that Defendant has not

applied for any permits or licenses from any governmental units in the state of Nevada.
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WHEREAS, Defendant has represented to Plaintiff that Defendant

maintains a website, which permits limited interaction by visitors, which the main purpose

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being to provide general information. The website is accessible to any person with access
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to the World Wide Web and Defendant has never directed and/or targeted its website or
directly mailed its website to anyone in the state of Nevada.
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WHEREAS, Defendant has represented to Plaintiff that Defendant’s

website and the state of Nevada is not central to Defendant’s business.
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WHEREAS, Defendant has represented to Plaintiff that the acts or

omissions alleged by Plaintiff against Defendant are based solely upon the alleged

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activities of Defendant occurring outside the state of Nevada.
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WHEREAS, Defendant has represented to Plaintiff that Defendant’s

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employees and representatives, witnesses, initial treating providers, business records,

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documents and evidence, are all located in Hawaii.

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17.

WHEREAS, Plaintiff has represented to Defendant that Plaintiff is a

resident of Douglas County, Nevada

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18.
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WHEREAS, Defendant timely filed its Notice of Removal on January 5,
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#25353/DJM:tf

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2018, and its Certificate of Interested Parties and errata to the Civil Cover Sheet on

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January 8, 2018.

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WHEREAS, Defendant timely filed its Rule 12(B)(2) Motion to Dismiss

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for Lack of Personal Jurisdiction or, in the Alternative, Rule 12(B)(3) Motion to Dismiss
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for Improper Venue and Motion to Transfer Venue, Notice of Filing Notice of Removal
and its Appearance of Counsel on January 11, 2018.
20.

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11, 2018.

LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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WHEREAS, Plaintiff filed his Certificate of Interested Parties on January

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WHEREAS, 28 U.S.C., section 1404(a) grants district courts the discretion

to transfer any civil action to any other district or division where it might have been

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brought.
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22.

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WHEREAS, the parties agree that Plaintiff could have brought this action

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in the United States District Court for the District of Hawaii, because Defendant’s

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principal place of business, all evidence, witnesses and the alleged incident occurred in

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Hawaii, making “a substantial part of the events or omissions giving rise to the claim”

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making the venue in the district proper. See 28 U.S.C. 1391(b)(2),(c).

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WHEREAS, the parties agree that they are subject to personal jurisdiction

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in the United States District Court for the District of Hawaii.
24.

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WHEREAS, the parties agree that the agreement to transfer shall in no way

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be construed to have any effect or waivers on the underlying litigation or merits of the

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case.

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WHEREAS, the parties agree that they shall both bear their own costs.

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WHEREAS, for the convenience of the parties and their witnesses, and in

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the interest of justice, the parties agree that venue in this action should be assigned to the
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#25353/DJM:tf

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United States District Court for the District of Hawaii.
NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and
between the undersigned counsel for the parties, that, subject to the approval of the Court,

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this case shall be transferred to the United States District Court for the District of Hawaii.
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IT IS SO STIPULATED
DATED this 25th day of January, 2018

DATED this 25th day of January, 2018

ALVERSON, TAYLOR
MORTENSEN & SANDERS

CLOUSER HEMPEN WASICK
LAW GROUP, LTD.

/s/ David Mortensen
____________________________________
DAVID J. MORTENSEN, ESQ.
Nevada Bar No. 2547
MARJORIE E. KRATSAS, ESQ.
Nevada Bar No. 12934
6605 Grand Montecito Parkway, Suite 200
Las Vegas, Nevada 89149
Phone:
[phone]
Facsimile:
[phone]
E-File: [e-mail]
Attorneys for Defendant
Trilogy Corporation
d/b/a Trilogy Excursions

/s/ Justin Clouser
_______________________________
JUSTIN M. CLOUSER, ESQ.
Nevada Bar No.2678
1512 Hwy 395 N, Suite 1
Gardnerville, Nevada 89410
Phone:
[phone]
Fax:
(775) 782-233
Email: [e-mail]
Attorney for Plaintiff

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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#25353/DJM:tf

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Trilogy Corp d/b/a Trilogy Excursions adv. David C. James Jr.
Case No. 3:18-cv-00010-MMD-WGC
SAO to Transfer Case to the U.S. District Court for the District of Hawaii

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ORDER GRANTING STIPULATION AND ORDER TO TRANSFER VENUE

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Having read and considered the Stipulation filed by the parties, and good cause
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appearing, IT IS HEREBY ORDERED that pursuant to 28 U.S.C., section 1404, for the

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convenience of the parties and witnesses and in the interest of justice, this case is

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TRANSFERRED to the United States District Court for the District of Hawaii.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

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DATED:

January 25, 2018
__________________

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__________________________________
UNITED STATES DISTRICT JUDGE

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Respectfully submitted by:
ALVERSON, TAYLOR
MORTENSEN & SANDERS
/s/ David Mortensen
____________________________________
DAVID J. MORTENSEN, ESQ.
Nevada Bar No. 2547
MARJORIE E. KRATSAS, ESQ.
Nevada Bar No. 12934
6605 Grand Montecito Parkway, Suite 200
Las Vegas, Nevada 89149
Phone:
[phone]
Facsimile:
[phone]
E-File: [e-mail]
Attorneys for Defendant
Trilogy Corporation
d/b/a Trilogy Excursions
n:\david.grp\clients\25353\pleadings\sao transfer.docx

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