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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WIRTZ BEVERAGE NEVADA BEER,
INC., f/k/a MONARCH BEVERAGE
COMPANY, a Nevada corporation,

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)
)
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Plaintiff,
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vs.
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PETER R. WIRTZ, W. ROCKWELL
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WIRTZ, and DONALD F. HUNTER, as )
co-trustees to THE WILLIAM W. WIRTZ )
TRUST, dated September 2, 1999, as
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amended and restated, and W.
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ROCKWELL WIRTZ, individually,
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)
Defendants.
)
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Case No.: 2:11-cv-01513-GMN-PAL
ORDER

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Before the Court is Defendant Wirtz Beverage Nevada Beer, Inc., f/k/a Monarch

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Beverage Company’s (“Monarch”) Emergency Motion to Stay Further Briefing Regarding Co-

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Trustee Peter R. Wirtz’s Motion to Dismiss Complaint Pending Resolution of Monarch’s

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Motion to Remand (“Emergency Motion”) (ECF No. 7).

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On September 21, 2011, Co-Defendant and Co-Trustee Peter R. Wirtz filed a Petition

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for Removal (ECF No. 1) and a Motion to Dismiss (ECF No. 2). A week later, Monarch filed

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a Motion to Remand (ECF No. 8) and its Emergency Motion (ECF No. 7).

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In support of its request for a stay, Monarch argues that “the entry of a stay will

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conserve judicial resources because this Court’s review of the Motion to Dismiss is likely to be

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unnecessary based upon the result of the Motion to Remand.” (Emergency Motion 2:¶6.)

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The Court agrees that a stay is warranted, pending resolution of Monarch’s Motion to
Remand.

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IT IS HEREBY ORDERED that the Emergency Motion is GRANTED.

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IT IS FURTHER ORDERED that Co-Defendant and Co-Trustee Peter R. Wirtz’s

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Motion to Dismiss is STAYED pending this Court’s resolution of Monarch’s Motion to

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Remand.

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DATED this 5th day of October, 2011.

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________________________________
Gloria M. Navarro
United States District Judge

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