Pitts et al v. Werner Co.

Filing 12

ORDER Granting 11 Stipulation of Dismissal with Prejudice. The Parties further stipulate that 10 Defendant's Motion for Judgment on the Pleadings is withdrawn. Signed by Judge James C. Mahan on 7/11/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 7 Scott L. Poisson, Esq. Nevada Bar No. 10188 Brandon C. Verde, Esq. Nevada Bar No. 14638 BERNSTEIN & POISSON 700 S. Jones Blvd. Las Vegas, Nevada 89107 Telephone: (702) 877-4878 Facsimile: (702) 256-6280 Email: brandon@vegashurt.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 James Pitts, individually; Dawn Pitts, individually, 12 13 Case No. 2:18-cv-00935 Plaintiffs, STIPULATION AND ORDER FOR DISMISSAL OF ACTION WITH PREJUDICE vs. 14 15 16 Werner Co. dba Keller Ladders; and DOES 1 through 100; and ROE CORPORATIONs 101 through 200, inclusive, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 Plaintiffs James and Dawn Pitts (“Plaintiffs”) by and through their attorney Brandon C. Verde, Esq. and Defendant Werner Co. (“Defendant”) by and through it attorney David T. Gluth, Esq., (collectively “the Parties”) hereby stipulate as follows: 1. Plaintiffs’ Complaint was filed in state court on March 1, 2018. 2. Defendant filed an answer in state court on April 28, 2018. 3. Defendant timely removed the case to this Court on May 22, 2018 (ECF No. 1). 28 -1- 1 4. On June 28, 2018, Defendant filed a Motion for Judgment on the 2 Pleadings (ECF No. 10). Responses are currently due on July 12, 3 2018. 4 5. The Parties hereby agree that the Plaintiffs’ Complaint against 5 Defendant be dismissed with prejudice and that an Order dismissing 6 the above-entitled action be entered accordingly, with each party to 7 bear their own attorneys’ fees and costs. 8 9 6. The Parties further stipulate that Defendant’s Motion for Judgment on the Pleadings (ECF No. 10) is withdrawn. 10 11 12 13 14 15 16 17 18 19 DATED this day of July 2018. DATED this day of July 2018. GORDEN REES SCULLY MANSUKHANI, LLP BERNSTEIN & POISSON /s/ Robert S. Larsen, Esq. Robert S. Larsen, Esq. Nevada Bar No. 7785 David T. Gluth, II, Esq. Nevada Bar No. 10596 300 South 4th Street, Suite 1550 Las Vegas, NV 89101 Attorneys for Defendant. /s/Brandon C. Verde Esq. Brandon C. Verde, Esq. Nevada Bar No. 14638 700 S. Jones Blvd Las Vegas, NV 89107 Attorneys for Plaintiffs ORDER IT IS SO ORDERED. 20 21 22 UNITED DISTRICT COURT JUDGE July 11, 2018 DATED: 23 24 25 26 27 28 -2-

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