Dube v. Hogan et al

Filing 47

ORDER that 44 Motion for Disbursement of Funds is DENIED pursuant to this court's December 12, 2014, order (ECF No. 42 ). Signed by Judge James C. Mahan on 10/3/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THOMAS DUBE, as Parent and Legal
Guardian of JORDAN DUBE, a minor,

ORDER
Plaintiff(s),

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v.

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JENNIFER HOGAN, et al.,
Defendant(s).

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Case No. 2:14-CV-495 JCM (VCF)

Presently before the court is petitioner Jordan Dube’s motion for a disbursement of funds.
(ECF No. 44). No timely responses have been filed.

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On November 14, 2014, this court ordered that the proceeds of a compromise on behalf of

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the petitioner from AAA Insurance be deposited into a blocked trust account established with City

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National Bank.1 (ECF No. 36). That order stated that “[b]y certification of the court which held

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the compromise hearing that . . . the beneficiary has reached the age of eighteen (18) years, control

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of the investment must be transferred to the beneficiary or the investment must be closed and the

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money distributed to the beneficiary.” (Id. at 2).
However, the parties later filed a stipulation to remand the case to state court because they
agreed that the amount-in-controversy requirement for federal subject matter jurisdiction in this

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case was not met. (ECF No. 41); see also 28 U.S.C. § 1332(a). On December 12, 2014, this court
granted that stipulation. (ECF No. 42).

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Now, plaintiff has reached the age of eighteen years and wishes to access the blocked trust

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account. (ECF No. 44). However, this court’s order granting the parties’ stipulation to remand

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stated “this case is [remanded] to the Eighth Judicial District Court of Clark County, Nevada for

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James C. Mahan
U.S. District Judge

“City National Bank [is] a federally insured financial institution in the State of Nevada,
located at 2320 E. Tropicana Ave. Las Vegas, NV 89119.” (ECF No. 36 at 2).
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all future proceedings . . . .” (ECF No. 42 at 3 (emphasis added)). Therefore, the terms of that

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order to remand prevent any action by this court in the present case. (See id. at 2–3).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the present motion for

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disbursement of funds, (ECF No. 44) be, and the same hereby is, DENIED pursuant to this court’s

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December 12, 2014, order (ECF No. 42).

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DATED October 3, 2016.

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__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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