Colmenares v. Progressive Casualty Insurance Company

Filing 10

ORDER Granting 9 Stipulation to Remand to State Court. Signed by Chief Judge Gloria M. Navarro on 3/5/2018. (Copies have been distributed pursuant to the NEF - cc: Certified Copy of Order and Docket Sheet sent to State Court - MR)

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RYAN L. DENNETT, ESQ.
Nevada Bar No. 005617
[e-mail]
DENNETT WINSPEAR, LLP
3301 N. Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant,
Progressive Casualty Insurance
Company, dba Progressive Insurance

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MARITZA COLMENARES,
Plaintiff,

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Case No: 2:18-cv-00175-GMN-VCF

vs.
PROGRESSIVE CASUALTY INSURANCE
COMPANY, dba PROGRESSIVE INSURANCE, a
foreign corporation; DOES I through X; ROE
CORPORATIONS I through X,

STIPULATION AND ORDER TO REMAND
MATTER TO STATE COURT

Defendants.

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IT IS HEREBY STIPULATED by and between counsel for Plaintiff, MARITZA

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COLMENARES, and counsel for Defendant, PROGRESSIVE CASUALTY INSURANCE

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COMPANY, dba PROGRESSIVE INSURANCE, that the total value of Plaintiff’s claims against

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Defendants, to include contractual damages, extracontractual damages, compensatory damages

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and punitive damages does not exceed $75,000.00.

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Plaintiff further stipulates that in no event, in any forum, will Plaintiff seek damages in

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excess of $75,000.00 against Defendants. In the event that a verdict, judgment or other

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resolution is entered in an amount in excess of $75,000.00, to include all potential claims,

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causes of action, and categories of recovery against Defendants, Plaintiffs immediately agree to

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allow a Remititur to be entered for an amount not in excess of 75,000.00.

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Based upon the Stipulation that that this case does not have a value in excess of

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$75,000.00, the parties, through their counsel, further stipulate that this matter may be

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Remanded from U.S. District Court to Nevada State Court, to be returned to State Court Case

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No. A-18-767068-C. The parties stipulate that all Federal Court proceedings associated with the

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above-captioned Federal Court case number may be dismissed.

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DATED:

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HICKS & BRASIER, PLLC

DENNETT WINSPEAR, LLP

By
/s/ Scott E. Philippus
SCOTT E. PHILIPPUS, ESQ.
Nevada Bar No. 13223
4101 Meadows Lane, Suite 210
Las Vegas, Nevada 89107
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff,
Maritza Colmenares

By
/s/ Ryan L. Dennett
RYAN L. DENNETT, ESQ.
Nevada Bar No. 005617
3301 N. Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant, Progressive Casualty
Insurance Company, dba Progressive
Insurance

3/2/2018

DATED:

3/2/2018

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Submitted by:
DENNETT WINSPEAR, LLP

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By
/s/ Ryan L. Dennett
RYAN L. DENNETT, ESQ.
Nevada Bar No. 005617
3301 N. Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant,
Progressive Casualty Insurance
Company, dba Progressive Insurance

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ORDER
IT IS SO ORDERED.

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Dated this___day of March, 2018.

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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