Perry v. Allstate Fire and Casualty Insurance Company

Filing 10

ORDER granting 9 Stipulation for Dismissal with prejudice and to remand to State Court; Signed by Judge Jennifer A. Dorsey on 8/20/2018. (Copies have been distributed pursuant to the NEF, cc: Certified Copy of Docket, Order to State Court - JM)

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Case 2:18-cv-00617-JAD-GWF Document 9 Filed 07/06/18 Page 1 of 2 1 2 3 4 5 6 7 JOHN T. KEATING Nevada Bar No.: 6373 K E A T I N G LAW GROUP 9130 W. Russell Road, Suite 200 Las Vegas, Nevada 89148 jkeating@keatinglg.com (702) 228-6800 phone (702) 228-0443 facsimile Attorneys for Defendant Allstate Fire and Casualty Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 MERRI F. PERRY, an individual, CASE NO.: 2:18-cv-00617 11 Plaintiff, 12 13 vs. 14 ALLSTATE FIRE INSURANCE COMPANY; DOES I – V, and ROE COMPANIES I - V, inclusive, 15 16 STIPULATION AND ORDER FOR DISMISSAL OF ALL BAD FAITH CLAIMS AND TO REMAND TO STATE COURT ECF No. 9 Defendants. 17 18 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, MERRI F. PERRY, by 19 and through her attorney, ROBERT O. KURTH, ESQ. and Defendant ALLSTATE FIRE INSURANCE 20 21 22 COMPANY, by and through its attorney, JOHN T. KEATING, of the law firm of KEATING LAW GROUP, that Plaintiff MERRI F. PERRY’s Second Cause of Action for Breach of the Express/Implied 23 Covenant of Good Faith and Fair Dealing against Defendant ALLSTATE FIRE INSURANCE 24 COMPANY is hereby dismissed with prejudice. 25 26 27 IT IS HEREBY FURTHER STIPULATED AND AGREED by and between Plaintiff MERRI F. PERRY and Defendant ALLSTATE FIRE INSURANCE COMPANY by and through their respective 28 1 Case 2:18-cv-00617-JAD-GWF Document 9 Filed 07/06/18 Page 2 of 2 1 counsel, that the within matter shall be remanded back to State Court. 2 DATED this _6th_ day of July, 2018. DATED this _6th_ day of July, 2018. KEATING KURTH LAW OFFICE 3 4 LAW GROUP 5 6 7 8 9 9130 W. RUSSELL RD., SUITE 200 LAS VEGAS, NEVADA 89148 K E A T I N G LAW GROUP 10 By: __/s/ JOHN T. KEATING JOHN T. KEATING Nevada Bar No.: 6373 9130 W. Russell Road, Ste. 200 Las Vegas NV 89148 Attorney for Defendant By: __/s/ ROBERT O. KURTH ROBERT O. KURTH, ESQ. Nevada Bar No. 4659 3420 North Buffalo Drive Las Vegas NV 89129 Attorney for Plaintiff Allstate Fire and Casualty Insurance Company Merri F. Perry 11 12 13 ORDER 14 18 Based on the parties' stipulation [ECF No. 9] and good cause appearing, IT IS HEREBY IT IS SO ORDERED this ________ day of July, 2018. ORDERED that plaintiff's second cause of action for breach of the covenant of good faith and fair dealing is DISMISSED with prejudice. And because it appears that the dismissal of this claim leaves this court without subject-matter jurisdiction over this case, IT IS FURTHER ORDERED that THIS ACTION IS REMANDED back to the Eighth Judicial District Court, Case No. A-17-764854-C, Dept. 28. The Clerk of Court is directed to CLOSE THIS CASE. _______________________________________ U.S. DISTRICT COURT JUDGE 19 Respectfully Submitted by: 15 16 17 20 21 22 23 24 25 26 KEATING _________________________________ ____________________ _ ___ _ _____ _ _ U.S. District Judge Jennif A. Dorsey D r Judge n District J g Jennifer Dated: August 20 2018 20, 20 2018 LAW GROUP /s/JOHN T. KEATING____ JOHN T. KEATING Nevada Bar No.: 6373 9130 W. Russell Road, Ste. 200 Las Vegas NV 89148 Attorney for Defendant Allstate Fire and Casualty Insurance Company 27 28 2

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