Patron v. Geico Casualty Company

Filing 11

ORDER REMANDING CASE to 8th Judicial District Court on ECF No. 10 Stipulation. Signed by Judge Miranda M. Du on 3/16/2017. (Certified copies of Order, and PACER docket sheet mailed to 8th Judicial Clerk on 3/17/2017.)(Copies have been distributed pursuant to the NEF - DRM)

Download PDF
1 2 3 4 5 6 THOMAS E. WINNER Nevada Bar No. 5168 ANDREW D. SMITH Nevada Bar No. 8890 ATKIN WINNER & SHERROD 1117 South Rancho Drive Las Vegas, Nevada 89102 Phone (702) 243-7000 Facsimile (702) 243-7059 Attorneys for the Defendant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 MICHAEL EDWARD PATRON, individually, CASE NO.: 2:17-cv-00337-MD-CWH 11 Plaintiff, STIPULATION AND ORDER REGARDING THE AMOUNT IN CONTROVERSY, AND REMAND TO STATE COURT 12 vs. 13 14 GEICO CASUALTY COMPANY, a Maryland company; DOES I - X; and ROE CORPORATIONS I - X, inclusive, 15 Defendants. 16 17 It is hereby stipulated by and between Plaintiff MICHAEL EDWARD PATRON, through 18 his attorney JUSTIN G. RANDALL, ESQ., of GLEN LERNER INJURY ATTORNEYS, and 19 GEICO CASUALTY COMPANY, through its attorney ANDREW D. SMITH, ESQ., of ATKIN 20 WINNER & SHERROD, that the Plaintiff does not now seek, and will not seek in the future, 21 damages in excess of Fifty Thousand Dollars ($50,000.00) by way of his Complaint in this 22 matter for all causes of action, exclusive of attorney’s fees, costs and interest, if any be allowed. 23 It is further stipulated that since the amount in controversy is less than $75,000.00, 24 exclusive of attorney’s fees, costs and interest, the United States District Court for the District of 25 Nevada lacks an element of jurisdiction required by 28 U.S.C. § 1332(a). 26 It is further stipulated that this case may be remanded to the Eighth Judicial District 27 Court, Clark County, Nevada, based on this agreement as to the amount in controversy, and that 28 Page 1 of 2 1 each party shall pay its own attorney’s fees and costs associated with the removal and remand. 2 Dated: March 15, 2017 3 /s/ Andrew D. Smith Andrew D. Smith, Esq. Nevada Bar No. 8890 1117 South Rancho Drive Las Vegas, Nevada 89101 Attorneys for the Defendant 4 5 6 7 ATKIN WINNER & SHERROD Dated: March 15, 2017 GLEN LERNER INJURY ATTORNEYS 8 /s/ Justin G. Randall Justin G. Randall, Esq. Nevada Bar No. 12476 4795 South Durango Dr. Las Vegas, Nevada 89147 Attorneys for the Plaintiff 9 10 11 12 ORDER 13 Based on the foregoing stipulation, IT IS HEREBY ORDERED that Plaintiff’s total 14 recovery against Defendant GEICO Casualty Company by way of the Complaint in this matter 15 shall not exceed $50,000.00 for all causes of action, exclusive of attorney’s fees, costs and 16 interest, if any be allowed; 17 Therefore, THIS COURT FINDS that the amount in controversy does not exceed 18 $75,000.00, which is the minimum threshold for federal district court jurisdiction per 28 U.S.C. § 19 1332(a); and 20 IT IS FURTHER ORDERED that this matter is REMANDED to the Eighth Judicial 21 District Court, Clark County, Nevada, by authority of 28 U.S.C. § 1447, each party to pay its 22 own attorney’s fees and costs of suit associated with the removal and remand. 23 March 16 DATED _______________, 2017. 24 25 26 ________________________________________ U.S. DISTRICT COURT JUDGE 27 28 Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?