Wright-Bolton v. Andress-Tobiasson et al

Filing 64

ORDER that parties shall have until January 16, 2018 to file the stipulation to dismiss. Signed by Magistrate Judge Peggy A. Leen on 1/4/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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VIVIAN WRIGHT-BOLTON,

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v.

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Case No. 2:14-cv-01612-APG-PAL
Plaintiff,

ORDER

KOCKA & BOLTON, LLC,
Defendant.

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This matter is before the court on the parties’ failure to comply with this court’s Order

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(ECF No. 63) to file a proposed stipulation to dismiss without prejudice. The court held a hearing

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on December 12, 2017. At that hearing, counsel for plaintiff indicated that given the Ninth

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Circuit’s recent decision there was no viable federal claim. Both sides advised that they believed

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any remaining claims should be heard in the Eighth Judicial District Court. As this case was filed

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in federal court rather than removed the parties agreed that the court could not simply remand the

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case and that it would need to be refiled in state court. The court therefore gave the parties until

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December 19, 2017 to file the stipulation to dismiss.

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The court appreciates that the holidays and the tragic, untimely death of Mr. Potter may

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explain why this matter has not been addressed to date. However, this is an old case on the court’s

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docket and there may be time constraints with refiling in state court. Accordingly,

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IT IS ORDERED the parties shall have until January 16, 2018 to file the stipulation to
dismiss.
DATED this 4th day of January, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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