Maxwell v. Allied Property And Casualty Insurance Company

Filing 19

ORDER Denying 13 Motion to Remand to State Court. Signed by Judge Philip M. Pro on 1/18/12. (Copies have been distributed pursuant to the NEF - ASB)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6
7
8
9
10
11
12
13
14

***
)
)
TONI MAXWELL,
)
)
Plaintiff,
)
)
vs.
)
)
ALLIED PROPERTY AND
)
CASUALTY INSURANCE
COMPANY, an Iowa Corporation, dba )
ALLIED INSURANCE, a Nationwide )
Company; NATIONWIDE MUTUAL )
)
INSURANCE COMPANY, an Iowa
Corporation, dba Nationwide Insurance. )
)
)
Defendants.
)

2:11-CV-01861-PMP-VCF
ORDER

15

Before the Court for consideration is Plaintiff’s fully briefed Motion for

16
17

Remand (Doc. #13) filed December 16, 2011. Notwithstanding Plaintiff’s incorrect

18

claim that Defendants must establish the value of Plaintiff’s claim or alternatively

19

that this Court should conduct its own analysis to determine the value of Plaintiff’s

20

claim, the record before the Court clearly shows that Plaintiff has previously

21

demanded the UIM policy limits of $500,000. Although Plaintiff states she “would

22

have accepted less,” Plaintiff has not declared that the value of her claim is less than

23

$75, 000.00.

24

///

25

///

26

///

1
2
3

IT IS THEREFORE ORDERED that Plaintiff Toni Maxwell’s Motion
for Remand (Doc. #13) is DENIED.
IT IS FURTHER ORDERED that the party shall forthwith proceed with

4

to file a Proposed Joint Discovery Plan and Scheduling Order in compliance with the

5

Local Rules of this Court.

6
7

DATED: January 18, 2012.

8
9

PHILIP M. PRO
United States District Judge

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2