Wirtz Beverage Nevada Beer, Inc. v. Wirtz, et al

Filing 14

ORDER Granting 7 Emergency Motion to Stay. Co-Defendant and Co-Trustee Peter R. Wirtzs Motion to Dismiss is STAYED pending this Courts resolution of Monarchs Motion to Remand. Signed by Judge Gloria M. Navarro on 10/5/2011. (Copies have been distributed pursuant to the NEF - SLR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 6 7 8 9 10 11 12 WIRTZ BEVERAGE NEVADA BEER, INC., f/k/a MONARCH BEVERAGE COMPANY, a Nevada corporation, ) ) ) ) Plaintiff, ) vs. ) ) PETER R. WIRTZ, W. ROCKWELL ) WIRTZ, and DONALD F. HUNTER, as ) co-trustees to THE WILLIAM W. WIRTZ ) TRUST, dated September 2, 1999, as ) amended and restated, and W. ) ROCKWELL WIRTZ, individually, ) ) Defendants. ) ) Case No.: 2:11-cv-01513-GMN-PAL ORDER 13 14 Before the Court is Defendant Wirtz Beverage Nevada Beer, Inc., f/k/a Monarch 15 Beverage Company’s (“Monarch”) Emergency Motion to Stay Further Briefing Regarding Co- 16 Trustee Peter R. Wirtz’s Motion to Dismiss Complaint Pending Resolution of Monarch’s 17 Motion to Remand (“Emergency Motion”) (ECF No. 7). 18 On September 21, 2011, Co-Defendant and Co-Trustee Peter R. Wirtz filed a Petition 19 for Removal (ECF No. 1) and a Motion to Dismiss (ECF No. 2). A week later, Monarch filed 20 a Motion to Remand (ECF No. 8) and its Emergency Motion (ECF No. 7). 21 In support of its request for a stay, Monarch argues that “the entry of a stay will 22 conserve judicial resources because this Court’s review of the Motion to Dismiss is likely to be 23 unnecessary based upon the result of the Motion to Remand.” (Emergency Motion 2:¶6.) 24 25 The Court agrees that a stay is warranted, pending resolution of Monarch’s Motion to Remand. Page 1 of 2 1 IT IS HEREBY ORDERED that the Emergency Motion is GRANTED. 2 IT IS FURTHER ORDERED that Co-Defendant and Co-Trustee Peter R. Wirtz’s 3 Motion to Dismiss is STAYED pending this Court’s resolution of Monarch’s Motion to 4 Remand. 5 DATED this 5th day of October, 2011. 6 7 8 9 ________________________________ Gloria M. Navarro United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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