County of Clark v. Union Pacific Railroad Company et al

Filing 29

ORDER Granting 26 Motion to Dismiss Defendant Pacific Union Railroad Company only. The remaining action is hereby remanded to the Eighth Judicial District Court. Signed by Judge Kent J. Dawson on 10/16/13. (Copies have been distributed pursuant to the NEF - cc: 8th Judicial District Court - EDS)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13
14

THE COUNTY OF CLARK, a political subdivision
of the State of Nevada,
Plaintiff,
vs.
LEWIS B. ATKIN, deceased; THE HEIRS AND
DEVISEES OF LEWIS B. ATKIN, deceased;
UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation; and all other persons
unknown claiming any right, title, lien or interest in
the real property described in the Complaint,

15

CASE NO: 2:12-cv-00648

(PROPOSED)
ORDER

Defendants.

16
17
18

The Court, having reviewed the JOINT MOTION TO DISMISS THE DEFENDANT UNION

19

PACIFIC RAILROAD COMPANY AND TO REMAND ACTION TO THE EIGHTH JUDICIAL

20

DISTRICT COURT, STATE OF NEVADA, and good cause appearing, hereby orders as follows:

21

1.

The Plaintiff’s Complaint is hereby dismissed, with prejudice, as to the

22

Defendant Union Pacific Railroad Company only, the Plaintiff and the Defendant Union

23

Pacific Railroad Company to bear their respective attorney fees and costs of suit;

24

///

25

///

26

///

27

///

28

///

1

1

2.

2

The remaining action is hereby remanded to the Eighth Judicial District Court, Clark
County, Nevada, for all further proceedings.

3
4

IT IS SO ORDERED.

5
6

October
DATED this ____ day of _____________________, 2013
16th

7
8
____________________________
United States District Judge

9
10
11
12
13
14
15
16

Submitted by:
/s/ Erich N. Storm
Erich N. Storm
Nevada Bar No. 4480
1100 Bridger Avenue
Las Vegas, NV 89101
Attorney for Plaintiff

17
18
19
20
21
22

/s/ Debbie Leonard________________
Debbie Leonard
Nevada Bar No.8260
McDonald Carano Wilson LLP
100 West Liberty St., 10th Floor
Reno, Nevada 89501
Attorney for Defendant
Union Pacific Railroad Company

23
24
25
26
27
28

2