Sanchez v. Metropolitan Group Property and Casualty Insurance Company

Filing 13

ORDER Granting 11 Stipulation to Remand to State Court. Signed by Judge Richard F. Boulware, II on 8/16/17. (Copies have been distributed pursuant to the NEF - cc: Certified Copy of Order and Docket Sheet sent to State Court - MR)

JOHN T.KEATING
Nevada Bar No. 6373

COLIN P. CAVANAUGH
Nevada Bar No. 13842

KEATING law group
9130 W. Russell Road, Suite 200
4
5
6
7

8

Las Vegas, Nevada 89148
[e-mail]
[e-mail]

[phone] phone
[phone] facsimile
Attorneys for Defendant
Metropolitan Group Property
and Casualty Insurance Company

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

Q_

11

D

o

BENJIE SANCHEZ,

CASE NO.:

2:17-cv-01945-RFB-PAL

12

Plaintiff,

OS CO
UJ ^

S

13

STIPULATION AND ORDER TO REMAND TO
STATE COURT

vs.

X.QQ

—I a <
_

14

-i Gj

15
Zi/l <

D O

_**

16

^ E2

GROUP

PROPERTY

AND

through X; and ROE CORPORATIONS XI
through XX,

17

LU

METROPOLITAN

CASUALTY INSURANCE COMPANY; DOES I

18

Defendants.

19

IT IS HEREBY STIPULATED by and between Plaintiff BENJIE SANCHEZ and Defendant

20

METROPOLITAN GROUP PROPERTY AND CASUALTY INSURANCE COMPANY by and through

21

their respective counsel, that this matter shall be remanded back to State Court, on the following

22

terms:

23

1.

This action was originally filed in state court, namely the Eighth Judicial District

24

Court of Clark County, Nevada, Case No. A-17-757557-C, and Defendant removed it to Federal

25

Court on or about July 17, 2017, on the basis of diversity jurisdiction.

26
27
28

2.

On or about July 28,2017, Defendant filed a Motionto Dismiss Plaintiff's Second,

Third and Fourth Causes of Action, respectively for Breach of Covenant of Good Faith/Insurance

Bad Faith, Violation of Unfair Claims Practices Act, and Negligent and/or Intentional
Misrepresentation.

3.

On or about August 11, 2017, Plaintiff filed a First Amended Complaint. The First

Amended Complaint alleges only a single cause of action for Breach of Contract and no longer
contains the three above-referenced causes of action at issue in Defendant's Motion to Dismiss.

The First Amended Complaint also alleges that the amount in controversy is not greater than

$50,000, exclusive of attorney's fees, interest and court costs.
WHEREFOR, the parties hereby stipulate that this matter shall be remanded back to state
court in the Eighth Judicial District Court of Clark County, Nevada, Case No. A-17-757557-C, to
10

proceed through Nevada's arbitration program under NRS 38.250, et seq.

Q_

11

D

DATED this 15th day of August, 2017.

o •

DATED this 15th day of August, 2017.

12

^

Q Q

—I a <
_

HENNESS&HAIGHT

Bv: /S/COLIN P. CAVANAUGH

Bv:/S/SHAUN M.ROSE
Shaun M. Rose, Esq.

14

-i Gj

15
- ^ l/) <

D O

_*>

H*3
LU

KEATING law group

COLIN P. CAVANAUGH

13

16
17
18
19

Nevada Bar No.: 13842

Nevada Bar No. 13945

9130 W. Russell Road, Ste. 200

8972 Spanish Ridge Avenue

Las Vegas NV 89148
Attorney for Defendant
Metropolitan Group Property and
Casualty insurance Company

Las Vegas, Nevada 89148
Attorneys for Plaintiff

20
21
22
23
24

25
26
27

(Order on following page.)
28

Benjie Sanchez

ORDER

IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, that this matter shall

3

be remanded back to state court in the Eighth Judicial District Court of Clark County, Nevada,

4

Case No. A-17-757557-C, to proceed through Nevada's arbitration program under NRS 38.250,
etseq.

All matters and deadlines currently set in this federal action are taken off calendar.
DATED this 16th day of August

U.S. DISTRICT COURT JUDGE
RICHARD F. BOULWARE, II
United States District Judge

10
Q_

11

D

o
12

Respectfully Submitted by:

13

KEATING law group

osffl
UJ ^

> §5

> 3«
14
_

-i Gj
t/> (/>

15

Z(/) <

_*>

I—o^
LU

16

/S/COLIN P. CAVANAUGH
COLIN P. CAVANAUGH
Nevada Bar No.: 13842

9130 W. Russell Road, Ste. 200
17

Las Vegas NV 89148
Attorneys for Defendant

18

Metropolitan Group Property and
Casualty insurance Company

19

20
21
22

23
24

25
26
27
28

, 2017.