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)

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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 [phone]
Facsimile [phone]
[e-mail]
[e-mail]
Attorneys for the Defendant

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MICHAEL EDWARD PATRON,
individually,

CASE NO.: 2:17-cv-00337-MD-CWH

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Plaintiff,

STIPULATION AND ORDER
REGARDING THE AMOUNT IN
CONTROVERSY, AND REMAND TO
STATE COURT

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vs.
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GEICO CASUALTY COMPANY, a
Maryland company; DOES I - X; and ROE
CORPORATIONS I - X, inclusive,

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Defendants.
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It is hereby stipulated by and between Plaintiff MICHAEL EDWARD PATRON, through

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his attorney JUSTIN G. RANDALL, ESQ., of GLEN LERNER INJURY ATTORNEYS, and

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GEICO CASUALTY COMPANY, through its attorney ANDREW D. SMITH, ESQ., of ATKIN

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WINNER & SHERROD, that the Plaintiff does not now seek, and will not seek in the future,

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damages in excess of Fifty Thousand Dollars ($50,000.00) by way of his Complaint in this

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matter for all causes of action, exclusive of attorney’s fees, costs and interest, if any be allowed.

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It is further stipulated that since the amount in controversy is less than $75,000.00,

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exclusive of attorney’s fees, costs and interest, the United States District Court for the District of

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Nevada lacks an element of jurisdiction required by 28 U.S.C. § 1332(a).

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It is further stipulated that this case may be remanded to the Eighth Judicial District

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Court, Clark County, Nevada, based on this agreement as to the amount in controversy, and that

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each party shall pay its own attorney’s fees and costs associated with the removal and remand.

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Dated: March 15, 2017

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/s/ Andrew D. Smith
Andrew D. Smith, Esq.
Nevada Bar No. 8890
1117 South Rancho Drive
Las Vegas, Nevada 89101
Attorneys for the Defendant

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ATKIN WINNER & SHERROD

Dated: March 15, 2017

GLEN LERNER INJURY ATTORNEYS

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/s/ Justin G. Randall
Justin G. Randall, Esq.
Nevada Bar No. 12476
4795 South Durango Dr.
Las Vegas, Nevada 89147
Attorneys for the Plaintiff

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ORDER
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Based on the foregoing stipulation, IT IS HEREBY ORDERED that Plaintiff’s total
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recovery against Defendant GEICO Casualty Company by way of the Complaint in this matter
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shall not exceed $50,000.00 for all causes of action, exclusive of attorney’s fees, costs and
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interest, if any be allowed;
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Therefore, THIS COURT FINDS that the amount in controversy does not exceed
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$75,000.00, which is the minimum threshold for federal district court jurisdiction per 28 U.S.C. §
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1332(a); and
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IT IS FURTHER ORDERED that this matter is REMANDED to the Eighth Judicial
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District Court, Clark County, Nevada, by authority of 28 U.S.C. § 1447, each party to pay its
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own attorney’s fees and costs of suit associated with the removal and remand.
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March 16
DATED _______________, 2017.

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________________________________________
U.S. DISTRICT COURT JUDGE

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