Rodriguez et al v. Pacific Life Insurance Company et al

Filing 47

ORDER Denying without prejudice 26 Motion to Remand to State Court. Signed by Judge Andrew P. Gordon on 5/28/2013. (Copies have been distributed pursuant to the NEF - EDS)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** 8 DR. BENJAMIN RODRIGUEZ, et al., 9 10 11 12 Plaintiffs, v. Case No. 2:12-cv-02071-APG-VCF ORDER DENYING MOTION TO REMAND WITHOUT PREJUDCE PACIFIC LIFE INSURANCE COMPANY, et al., Defendants. 13 14 On January 2, 2013, Plaintiff filed a Motion to Remand [Dkt. #26] this case to 15 state court. Subsequently, the parties stipulated to delay Defendants' Opposition to that 16 Motion, while they pursued settlement. On February 25, 2013, the parties stipulated, 17 and this Court ordered [Dkt. #42], that "all deadlines should be stayed, including the 18 deadline to respond to plaintiffs’ pending motion to remand, and this case should be 19 referred to a settlement conference before Magistrate Judge Ferenbach as soon as the 20 Court’s calendar can accommodate the parties." That settlement conference has been 21 repeatedly delayed, and is now set for July 8, 2013. Given this extensive delay, and to 22 avoid having the Motion to Remand linger on the Court's docket, 23 IT IS HEREBY ORDERED that the Motion to Remand [Dkt. #26] is denied without 24 prejudice to Plaintiff's ability to re-file it should the case not settle. 25 Dated: May 28, 2013 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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