Ellis v. Mercury Casualty Company

Filing 16

ORDER granting 15 Amended Stipulation to Remand to State Court. Signed by Chief Judge Gloria M. Navarro on 1/9/2019. (Copies have been distributed pursuant to the NEF: certified copies of Order and Docket Sheet mailed to 8th Judicial District Court - MMM)

Case 2:18-cv-01021-GMN-CWH Document 15 Filed 01/03/19 Page 1 of 3

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JOHN H. PODESTA, ESQ.
Nevada Bar No. 7487
CHRISTOPHER D. PHIPPS, ESQ.
Nevada Bar No. 3788
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]; FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Mercury Casualty Company

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SONDRA ELLIS, an individual,

Plaintiff,

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Case No. 2:18-cv-01021-GMN-CWH

vs.

AMENDED
STIPULATION AND ORDER FOR
REMAND TO STATE COURT

MERCURY CASUALTY COMPANY, a foreign
business entity; DOES I through XX, inclusive; and
ROE CORPORATIONS I through XX, inclusive,
Defendants.

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Plaintiff, SONDRA ELLIS, by and through her undersigned counsel of record, Steven Baker,

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Esq., of the law firm of Bertoldo Baker Carter & Smith, and Defendant MERCURY CASUALTY

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COMPANY, by and through its undersigned counsel of record, John H. Podesta, Esq., and

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Christopher D. Phipps, Esq., of the law firm Wilson Elser Moskowitz Edelman & Dicker, LLP,

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hereby stipulate and agree as follows:

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(This Amended Stipulation and Order corrects mistaken accident dates from the original.)
WHEREAS Plaintiff was involved in an April 21, 2014, motor vehicle accident, which has
led to the filing of the Complaint in the instant action;
WHEREAS Plaintiff was involved in a subsequent motor vehicle accident on March 25, 2015,
for which Defendant is still in the process of adjusting Plaintiff’s claim and for which no action has
been filed or is pending in any court;

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1408119v.1

Case 2:18-cv-01021-GMN-CWH Document 15 Filed 01/03/19 Page 2 of 3

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WHEREAS the instant action had been removed to the United States District Court based
upon diversity jurisdiction pursuant to 28 U.S.C. section 1441(a), et seq.;

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IT IS HEREBY STIPULATED AND AGREED THAT the Plaintiff’s claims arising out of

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the Complaint on file herein pertaining to the April 21, 2014, motor vehicle collision will not exceed

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$75,000.00 (Seventy-Five Thousand Dollars), and that Plaintiff agrees to limit recovery to that

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amount;

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IT IS HEREBY FURTHER STIPULATED AND AGREED THAT the instant action be

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remanded back to the Eighth Judicial District Court in and for Clark County, State of Nevada, for

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all further proceedings; and

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IT IS HEREBY FURTHER STIPULATED AND AGREED THAT in the event an action is

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ultimately filed with respect to the subsequent motor vehicle accident, each side reserves all rights

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and defenses relative to the subsequent motor vehicle accident, including the right to seek removal

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and consolidation of the cases involving uninsured motorist benefits under defendant’s policy for

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the two motor vehicle accidents.

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Respectfully Submitted,

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DATED this 3rd day of January, 2019.

DATED this 3rd day of January, 2019.

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WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP

BERTOLDO BAKER CARTER & SMITH

/s/ Christopher D. Phipps
JOHN H. PODESTA, ESQ.
Nevada Bar No. 7487
CHRISTOPHER D. PHIPPS, ESQ.
Nevada Bar No. 3788
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101-6014
Tel: [phone]/Fax: [phone]
Attorneys for Defendant Mercury Casualty
Company

/s/ Steven Baker, Esq.
STEVEN M. BAKER, ESQ.
Nevada Bar No. 4522
7408 w. Sahara Avenue
Las Vegas, Nevada 89117
Attorneys for Plaintiff

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Benjamin J. Carman, Esq.
Nevada Bar No.: 13565
Ranalli Zaniel Fowler & Moran, LLC
2400 W. Horizon Ridge Pkwy.
Henderson, NV 89052
Attorneys for Defendant Mercury Casualty
Company

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Case 2:18-cv-01021-GMN-CWH Document 15 Filed 01/03/19 Page 3 of 3

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AMENDED ORDER

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The Court having considered the Amended Stipulation of the parties and for good cause
there appearing,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED the Plaintiff’s claims arising
out of the Complaint on file herein pertaining to the April 21, 2014, motor vehicle collision may

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not exceed $75,000.00 (Seventy-Five Thousand Dollars);
IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED, that the instant

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action is matter be remanded to the Eighth Judicial District Court in and for Clark County, State of

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Nevada, for all further proceedings; and

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IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that should an
action be filed by Plaintiff related to the subsequent motor vehicle accident, both parties have
reserved all rights and defenses relative to the subsequent motor vehicle accident, including the right

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to seek removal and consolidation of the cases involving the two motor vehicle accidents
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DATED this _____ day of January, 2019.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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-31408119v.1