Karen Murzyn v. Life Care Centers of America, Inc.

Filing 29

ORDER Denying 13 Motion for Summary Judgment without prejudice and Denying 14 Motion to Remand to State Court without prejudice. Signed by Judge Lloyd D. George on 9/27/10. (Copies have been distributed pursuant to the NEF - ASB)

Karen Murzyn v. Life Care Centers of America, Inc.

Doc. 29

1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 Defendants. 14 15 Plaintiff Karen Murzyn, as Special Administrator for the Estate of Isabelle Lakatosh, 16 brought this action asserting that Defendant Life Care Centers of America, Inc. provided Lakatosh 17 substandard elder care and protection while Lakatosh resided at Defendant's long-term care 18 facility. Defendant, however, denies these allegations and has accordingly filed a motion for 19 summary judgment (#13, opposition #15, reply #18, supplement #27). Plaintiff has also filed a 20 motion to remand this action to state court, contending that the amount in controversy in this case 21 is not sufficient to establish federal jurisdiction (#14, opposition #17, reply #19). On September 22 22, 2010, the parties agreed to settle this action and were ordered to file settlement and dismissal 23 documents by October 13, 2010. (Mins. of Settlement Conference before Magistrate Judge Robert 24 J. Johnston, ECF No. 28) This court will consequently deny the parties' pending motions without 25 prejudice pursuant to receipt of the anticipated settlement agreement and corresponding dismissal 26 documents. Accordingly, v. LIFE CARE CENTERS OF AMERICA, INC., a foreign CORPORATION d/b/a LIFE CARE PARADISE VALLEY and JOHN DOES I through X, inclusive, THE ESTATE OF ISABELLE LAKATOSH, KAREN MURZYN, SPECIAL ADMINISTATOR, Plaintiff, ORDER

2:09-cv-1248-LDG-RJJ

Dockets.Justia.com

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THE COURT HEREBY ORDERS that Defendant's motion for summary judgment (#13) is DENIED without prejudice. THE COURT FURTHER ORDERS that Plaintiff's motion to remand (#14) is DENIED without prejudice.

DATED this _____ day of September, 2010.

______________________________ Lloyd D. George United States District Judge

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