Italspain Corporation v. Moore et al

Filing 27

ORDER Granting 26 Stipulation to Remand to State Court. (Copies have been distributed pursuant to NEF; CC: Certified Copy of Order and Docket Sheet Sent to State Court - ADR) Signed by Judge Andrew P. Gordon on 7/20/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00308-APG-GWF Document 26 Filed 07/19/16 Page 1 of 4

1 SAO
Abran E. Vigil
2 Nevada Bar No. 7548
Sylvia O. Semper
3 Nevada Bar No. 12863
Holly A. Priest
4 Nevada Bar No. 13226
BALLARD SPAHR LLP
5 100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
6 Telephone: [phone]
Facsimile: [phone]
7 [e-mail]
[e-mail]
8 [e-mail]
9 Attorneys for Defendant U.S. Bank National

Association, As Trustee, Successor in Interest

10 to Bank of America, National Association as

Trustee as Successor by Merger to LaSalle

Washington Mutual Mortgage Pass-Through

LAS VEGAS, NEVADA 89106

12 Certificates WMALT Series 2007-OCI Trust
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11 Bank, National Association as Trustee for

13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

15 ITALSPAIN CORPORATION,

2:16-cv-00308-APG-GWF

Plaintiff,

16
17 v.

18 JASON MOORE; THE MORTGAGE
STORE FINANCIAL, INC., a California
19 Corporation; U.S. BANK NATIONAL
ASSOCIATION, AS TRUSTEE,
20 SUCCESSOR IN INTEREST TO BANK
OF AMERICA, NATIONAL
21 ASSOCIATION AS SUCCESSOR BY
MERGER TO LASALLE BANK,
22 NATIONAL ASSOCIATION AS
TRUSTEE FOR WASHINGTON
23 MUTUAL MORTGAGE PASSTHROUGH CERTIFICATES WMALT
24 SERIES 2007-OC1 TRUST; STATE OF
NEVADA, DEPARTMENT OF
25 EMPLOYMENT, TRAINING &
REHABILITATION, EMPLOYMENT
26 SECURITY DIVISION; and
SUMMERLIN HOSPITAL MEDICAL
27 CENTER,
28

Defendants.

DMWEST #14592925 v1

ORDER

Case 2:16-cv-00308-APG-GWF Document 26 Filed 07/19/16 Page 2 of 4

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STIPULATION AND ORDER FOR REMAND TO STATE COURT
Defendant U.S. Bank N.A. (“U.S. Bank”) and Plaintiff, Italspain Corporation

2

3 (“Plaintiff”), through their counsel of record, stipulate to remand of this action to
4 state court as follows:
1. This action was originally filed in Nevada State Court. (Docket Entry 1-

5
6 1.)

2. The Complaint does not allege the citizenship of Plaintiff or any of the

7

8 defendants. (Id.)
3. U.S. Bank removed the case to this Court based on diversity jurisdiction.

9

10 (Docket Entry 1.)
4. On March 18, 2016, the Court ordered U.S. Bank to show cause why this

LAS VEGAS, NEVADA 89106

12 action should not be remanded to state court for lack of subject matter jurisdiction.
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11

13 (Docket Entry 12.)
5. On May 27, 2016, the Court granted the parties 90 days to conduct

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15 jurisdictional discovery. (Docket Entry 22.)
6. The Court also directed U.S. Bank to file a brief and present evidence to

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17 establish, by a preponderance of the evidence, that on the date of removal the
18 parties in this case were diverse and the amount in controversy exceeded $75,000.
19 (Id.)
7. The parties do not believe it would be fruitful to engage in costly

20

21 jurisdictional discovery and briefing of the jurisdictional issue given the relatively
22 modest amount in controversy.
23 / / / /
24 / / / /
25 / / / /
26 / / / /
27 / / / /
28 / / / /
2
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Case 2:16-cv-00308-APG-GWF Document 26 Filed 07/19/16 Page 3 of 4

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8. For these reasons, the parties stipulate and agree, subject to the approval

2 of the Court, that this case be remanded to Nevada Eighth District Court Case
3 Number A-15-729282-C.
4

IT IS SO STIPULATED.

5
6 LAW OFFICES OF MICHAEL F. BOHN, ESQ.,
LTD
7

BALLARD SPAHR LLP

8

By:/s/ Justin A. Shiroff
Abran E. Vigil
Nevada Bar No. 7548
Justin A. Shiroff
Nevada Bar No. 12869
Holly Ann Priest
Nevada Bar No. 13226
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106

LAS VEGAS, NEVADA 89106

12 Attorney
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

By:__/s/ Michael F. Bohn
9 Michael F. Bohn, Esq.
Nevada Bar No. 1641
10
376 East Warm Springs Rd., Suite 140
11 Las Vegas, Nevada 89119

13

Corporation

for

Plaintiff

Italspain

Attorneys for Defendant U.S. Bank
National Association, As Trustee,
Successor in Interest to Bank of
America, National Association as
Trustee as Successor by Merger to
LaSalle Bank, National Association as
Trustee for Washington Mutual
Mortgage Pass-Through Certificates
WMALT Series 2007-OCI Trust

14
15
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18
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20
21

IT IS SO ORDERED:

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23

UNITED STATES DISTRICT JUDGE

24

DATED:

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DMWEST #14592925 v1

July 20, 2016