Velo v. Evenflo Company, Inc. et al
Filing
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ORDER Granting 5 Stipulation to Remand. BASED ON THE STIPULATION HEREIN AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that this Stipulation is approved and this case shall be remanded to the Eighth Judicial District Court, Clark County, Nevada, Case No. A-24-908073-C, based on Plaintiff's counsel's representation that Plaintiff's alleged damages, exclusive of all fees, costs and interest, do not exceed $50,000, nor do they exceed $75,000 inclusive of all fees, costs, and interest. Signed by Chief Judge Andrew P. Gordon on 1/27/2025. (Copies have been distributed pursuant to the NEF. Certified copy of Order and public docket sheet mailed to Eighth Judicial District Court. - RJDG)
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Jay J. Schuttert, Esq. (SBN 8656)
Skylar Arakawa-Pamphilon, Esq. (SBN 15864)
EVANS FEARS SCHUTTERT MCNULTY MICKUS
6720 Via Austi Parkway, Suite 300
Las Vegas, NV 89119
Telephone: (702) 805-0290
Facsimile: (702) 805-0291
jschuttert@efsmmlaw.com
sarakawa@efsmmlaw.com
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Attorneys for Defendant Evenflo Company, Inc.
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UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF NEVADA
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YVETTE VELO,
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Evans Fears & Schuttert McNulty Mickus
6720 Via Austi Parkway, Suite 300
Las Vegas, NV 89119
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Plaintiff,
vs.
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EVENFLO COMPANY, INC., a Foreign
Corporation; BED BATH & BEYOND, a
defunct New Jersey corporation formerly
doing business as BUY BUY BABY, LLC;
DOES I through X; and ROE
CORPORATIONS I through X, inclusive,
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Defendants.
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Case No. 2:25-cv-00116-APG-BNW
STIPULATION AND ORDER RE:
REMAND TO STATE COURT
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On January 17, 2025, Defendant Evenflo Company, Inc. (“Evenflo”) filed its Notice of
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Removal to this Court (ECF No. 1) based on diversity jurisdiction. On January 21, 2025,
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undersigned counsel for Plaintiff Yvette Velo sent the attached email to counsel for Defendant
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Evenflo, stating that “[t]his case does not meet the jurisdictional limits of $75,000. In fact, we are
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not even planning on removing it from the state’s arbitration program.” See email from R.
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Englemann attached as Exhibit A.
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Accordingly, Plaintiff and Evenflo, by and through their respective counsel of record,
hereby STIPULATE AND AGREE:
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1. Plaintiff is not seeking and will not seek damages in excess of $50,000, exclusive of
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fees, costs and interest, nor damages in excess of $75,000 inclusive of all fees, costs and
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interest in connection with this lawsuit;
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2. Based on Plaintiff’s counsel written representation that Plaintiff is not seeking damages
in excess of $50,000.00 exclusive of fees, costs and interest, nor damages in excess of
$75,000 inclusive of all fees, costs and interest in connection with this lawsuit, this case
should be remanded to the Eighth Judicial District Court, Clark County, Nevada, Case
No. A-24-908073-C (the “State Action”).
3. Evenflo’s response to Plaintiff’s Complaint shall be due 14 days after the remand is
effectuated and this case is re-opened on the Clark County docket or as otherwise agreed
by counsel.
4. This Stipulation shall be binding and enforceable in the State Action.
Dated: January 24, 2025.
EVANS FEARS SCHUTTERT MCNULTY
MICKUS
RYAN ALEXANDER, CHTD.
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/s/ Jay J. Schuttert
Jay J. Schuttert, Esq. (SBN 8656)
Skylar Arakawa-Pamphilon, Esq. (SBN 15864)
6720 Via Austi Parkway, Suite 300
Las Vegas, NV 89119
/s/ Richard A. Englemann
Ryan Alexander, Esq. (SBN 10845)
Richard A. Englemann, Esq. (SBN 6965)
3017 W. Charleston Blvd., Suite 10
Las Vegas, NV 89102
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Attorneys for Defendant Evenflo Company, Inc.
Attorneys for Plaintiff Yvette Velo
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ORDER
BASED ON THE STIPULATION HEREIN AND GOOD CAUSE APPEARING, IT IS
HEREBY ORDERED that this Stipulation is approved and this case shall be remanded to the
Eighth Judicial District Court, Clark County, Nevada, Case No. A-24-908073-C, based on
Plaintiff’s counsel’s representation that Plaintiff’s alleged damages, exclusive of all fees, costs and
interest, do not exceed $50,000, nor do they exceed $75,000 inclusive of all fees, costs, and interest.
IT IS SO ORDERED:
_____________________________
ANDREW P. GORDON
CHIEF U.S. DISTRICT COURT JUDGE
Dated: January 27, 2025
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Respectfully submitted by:
EVANS FEARS SCHUTTERT MCNULTY MICKUS
/s/ Jay J. Schuttert
Jay J. Schuttert, Esq. (SBN 8656)
Skylar Arakawa-Pamphilon, Esq. (SBN 15864)
6720 Via Austi Parkway, Suite 300
Las Vegas, NV 89119
Attorneys for Defendant Evenflo Company, Inc.
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