Truck Insurance Exchange v. Xerxes Corporation, et al

Filing 9

ORDER Granting 8 Stipulation to Remand to State Court. IT IS HEREBY ORDERED that this action is REMANDED to the Eighth Judicial District Court, Clark County, Nevada, CASE No. A-17-750000-C, Dept. XXVIII. The Clerk of Court is instructed to CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 5/8/17. (Copies have been distributed pursuant to the NEF - cc: Certified Copy of Order and Docket Sheet sent to State Court - MR)

Case 2:17-cv-00950-JAD-PAL Document 8 Filed 05/04/17 Page 1 of 4

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ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
RACHEL WISE, ESQ.
Nevada Bar No. 3998
GORDON & REES SCULLY MANSUKHANI, LLP
300 South 4th Street, Suite 1550
Las Vegas, Nevada 89101
Telephone: [phone]
Direct: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Xerxes Corporation

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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300 South Fourth Street, Suite 1550
Las Vegas NV, 89101

Gordon & Rees Scully Mansukhani, LLP

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TRUCK INSURANCE EXCHANGE, A/S/O LV
PETROLEUM, LLC, a Nevada limited liability
company,
Plaintiff,
vs.
XERXES CORPORATION, a Delaware
corporation; WESTEST INCORPORATED, an
Arizona corporation; DOES 1 through 10; and
ROE CORPORATIONS 1 through 10,

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Defendants.

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XERES CORPORATION, a Delaware
corporation;
Cross-Claimant,

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WESTEST INCORPORATED, an Arizona
corporation,
Cross-Defendants.

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Case No. 2:17-cv-00950-JAD-PAL
STIPULATION BETWEEN
PLAINTIFF AND XERXES
CORPORATION TO REMAND TO
STATE COURT
ECF No. 8

Case 2:17-cv-00950-JAD-PAL Document 8 Filed 05/04/17 Page 2 of 4

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Plaintiff Truck Insurance Exchange, as Subrogee of LV Petroleum, LLC (“Plaintiff”), by

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and through its counsel of record, Robert S. Qualey, Esq. and Cybill L. Dotson, Esq. of Qualey

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Law Group, and Defendant Xerxes Corporation (“Xerxes”), by and through its counsel for record,

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Robert S. Larsen, Esq. and Rachel L. Wise, of Gordon Rees Scully Mansukhani, LLP, hereby

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stipulate and agree as follows:

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1.

On January 24, 2017, Plaintiff commenced the action Truck Insurance Exchange,

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A/S/O LV Petroleum, LLC, v. Xerxes Corporation, Westest Incorporated, Case No.: A-17-

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750000-C in Department XXVIII of the Eighth Judicial District Court in and for Clark County

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(the “State Court Action”).

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300 South Fourth Street, Suite 1550
Las Vegas NV, 89101

Gordon & Rees Scully Mansukhani, LLP

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2.

The State Court Action alleged Plaintiff, Truck Insurance Exchange and LV

Petroleum were both citizens of the State of Nevada. (ECF No. 1 at Ex. A ¶ 1).
3.

Xerxes is a citizen of Delaware and with its principal place of business in

Minnesota. 28 U.S.C. § 1332(c). (ECF No. 1 ¶ 15, 16).
4.

On April 4, 2017, Xerxes filed a notice of removal of the State Court Action

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pursuant to 28 U.S.C. §§ 1132 and 1441 (“Notice of Removal”) with the United States District

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Court, District of Nevada (ECF No. 1), removing the State Court Action to this Court as Case

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No.: 2:17-cv-00950-JAD-PAL.

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5.

After Xerxes filed the Notice of Removal with this Court, Xerxes discovered

additional information that suggested diversity jurisdiction does not exist.
6.

On May 2, 2017, Plaintiff informed Xerxes that Truck Insurance Exchange

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operates as an unincorporated entity with insurance policy holders in Nevada, Delaware,

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Minnesota, and Arizona.

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7.

Based upon this new information, the parties believe that diversity of citizenship

between the parties does not exist in this action.
8.

The Parties hereby agree and stipulate that (i) the Federal Court Action should be

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remanded to the state court in which it was initiated; and (ii) each party shall bear its own

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attorneys’ fees and costs under 28 U.S.C. § 1147 with respect to the removal and the subsequent

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Case 2:17-cv-00950-JAD-PAL Document 8 Filed 05/04/17 Page 3 of 4

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remand of this action pursuant to this stipulation.
Pursuant to the foregoing, the parties respectfully request that the Court enter the
Stipulated Order submitted contemporaneously herewith.
IT IS SO STIPULATED.
Dated: May 4, 2017.

Dated: May 4, 2017.

QUALEY LAW GROUP

GORDON & REES SCULLY
MANSUKHANI, LLP

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300 South Fourth Street, Suite 1550
Las Vegas NV, 89101

Gordon & Rees Scully Mansukhani, LLP

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By: /s/ Cybill L. Dotson
Robert S. Qualey, Esq.
State Bar No. 3570
Cybill L. Dotson, Esq.
State Bar No. 8428
2320 Paseo Del Prado, B-205
Las Vegas, Nevada 89102
Attorneys for Plaintiff Truck Insurance
Exchange, A/S/O LV Petroleum, LLC

By: /s/ Rachel L. Wise
Robert S. Larsen, Esq.
State Bar No.: 7785
Rachel L. Wise, Esq.
State Bar No.: 12303
300 South 4th Street, Suite 1550
Las Vegas, Nevada 89101
Attorneys for Defendant Xerxes
Corporation

ORDER

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Because it appears from the parties' stipulation [ECF No. 8] that the parties are not
diverse and, therefore, this court lacks jurisdiction over this action, IT IS HEREBY
ORDERED that this action is REMANDED to the Eighth Judicial District Court,
Clark County, Nevada, CASE No. A-17-750000-C, Dept. XXVIII. The Clerk of
Court is instructed to CLOSE THIS CASE.
_____________________________
____________________
__ _
_ __ _
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U.S. District Judge Jennifer Dorse
rict Ju g Jennifer Do
t Judge
udg
f Dorsey
5/8/17