Lucherini Blakesley Courtney, P.C. v. Baer et al

Filing 7

ORDER Granting 6 Motion to Withdraw 1 Petition for Removal and Remand Case to the Eighth Judicial District Court. Signed by Chief Judge Gloria M. Navarro on 3/28/17. (Copies have been distributed pursuant to the NEF - MMM)

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Adam P. Segal, Esq.
Nevada Bar No. 6120
Bryce C. Loveland, Esq.
Nevada Bar No. 10132
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
Telephone: [phone]
Facsimile: 702.382.8135
[e-mail]
[e-mail]
Attorneys for Defendant
Electrical Workers Health and Welfare Trust

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LUCHERINI BLAKESLEY COURTNEY, P.C., a
domestic corporation,

CASE NO. 2:17-cv-00611-GMN-VCF

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Plaintiff,

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v.
CINDI BAER, an individual; LAS VEGAS
NEUROSURGERY, ORTHOPAEDICS &
REHABILITATION, LLP, a domestic limited
liability company; ELECTRICAL WORKERS
LOCAL 357 TRUST FUNDS, a financial entity;
NORTH VISTA HOSPITAL, INC., a foreign
corporation; UNIVERSITY MEDICAL CENTER
OF SOUTHERN NEVADA, a political subdivision
of Clark County, State of Nevada; BRIAN A.
LEMPER, D.O., LTD., a domestic professional
corporation; ATHLETIC & THERAPEUTIC
INSTITUTE OF NAPERVILLE, LLC, a foreign
limited liability company,

DEFENDANT’S MOTION TO
WITHDRAW NOTICE OF
REMOVAL

Defendant.

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Defendant Electrical Workers Health and Welfare Trust (“Defendant”) (erroneously

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named as Electrical Workers Local 357 Trust Funds) by and through its attorneys move to

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withdraw their Notice of Removal in this action and respectfully request that this Court remand
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this action to state court, and in support thereof state:
1. This civil action was originally commenced in the District Court of the Eighth Judicial
Circuit in and for Clark, County, Nevada, by Complaint in Interpleader filed on August 09, 2016.

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2. Defendant was served with the Complaint on January 27, 2017.

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3. Defendant filed a Notice of Removal to the United States District Court for the District

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of Nevada, on February 24, 2017.
4. Removal of this action was based on Congress giving exclusive jurisdiction to Federal

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Courts to enforce terms of an ERISA Plan. ERISA § 502(e), as codified at 29 U.S.C. §

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1132(e)(1).

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

B ROWNSTEIN H YATT F ARBER S CHRECK , LLP

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5. Plaintiff and Defendant have since settled the matter, so the basis for removal and
exclusive jurisdiction under ERISA § 502(e) no longer exists.

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6. As such, Defendant respectfully requests that it be allowed to withdraw its Notice of

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Removal and that this matter be remanded to the District Court of the Eighth Judicial Circuit in

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and for Clark, County, Nevada.

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Dated this 28th day of March, 2017.

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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By: /s/ Bryce C. Loveland
Adam P. Segal, Esq., Nevada Bar No. 6120
Bryce C. Loveland, Esq., Nevada Bar No. 10132
100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614

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IT IS SO ORDERED.
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DATED this ___ day of March, 2017.

Attorneys for Defendant
Electrical Workers Health and Welfare Trust
Fund

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______________________________
Gloria M. Navarro, Chief Judge
United States District Court

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