Opinion
2:23-cv-01507-GMN-BNW
10-06-2023
AHERN RENTALS, INC., Plaintiff, v. COLBY ENTERPRISES, INC. and TONY PHILLIPS, Defendants.
MUEHLBAUER LAW OFFICE, LTD SEAN P. CONNELL, ESQ. Nevada Bar No. 7311 ANDREW R. MUEHLBAUER, ESQ. Nevada Bar No. 10161 Attorneys for Defendants Colby Enterprises, Inc. and Tony Phillips MARK A. KIRKORSKY, P.C STEVEN R. KOPOLOW, ESQ. Nevada Bar No. 8533 Attorneys for Plaintiff Ahern Rentals, Inc
MUEHLBAUER LAW OFFICE, LTD
SEAN P. CONNELL, ESQ. Nevada Bar No. 7311
ANDREW R. MUEHLBAUER, ESQ. Nevada Bar No. 10161
Attorneys for Defendants Colby Enterprises, Inc. and Tony Phillips
MARK A. KIRKORSKY, P.C
STEVEN R. KOPOLOW, ESQ. Nevada Bar No. 8533
Attorneys for Plaintiff Ahern Rentals, Inc
STIPULATION TO REMAND REMOVED ACTION; ORDER THEREON
COLBY ENTERPRISES, INC. and TONY PHILLIPS (“Defendants”), and AHERN RENTALS, INC. (“Plaintiff”) stipulate as follows:
1. Plaintiff originally filed a complaint against Defendants on May 12, 2022, under case number A-22-852493-C. The Plaintiff failed to serve the complaint and it was eventually dismissed for failure to prosecute.
2. Plaintiff re-filed the complaint against Defendants on May29, 2023, under case number A-23-871444-C.
3. The Defendants were served with the current complaint on August 28, 2023.
4. Defendants filed the Petition for Removal on September 25, 2023. removing this matter is September 27, 2023.
5. Defendants completed the removal process by filing a Notice of Removal with the Clark County District Court under case number A-23-871-444-C on September 25, 2023.
6. On October 3, 2023, the undersigned counsel for the parties spoke about the claimed basis for diversity jurisdiction and agreed that the Action should be remanded to the Clark County District Court. To that end, the Parties hereby stipulate that the Action be remanded to The Eighth Judicial District Court for Clark County Nevada.
ORDER
On October 5, 2023, the Parties to the above-referenced action filed a Stipulation to Remand Removed Action. The Court having reviewed that stipulation and good cause appearing, orders as follows:
1. The Parties' stipulation is approved;
2. District of Nevada case number 2:23-cv-01507-GMN-BNW styled AHERN RENTALS, INC. v. COLBY ENTERPRISES, INC. and TONY PHILLIPS is hereby remanded to Clark County District Court.
3. The Clerk's Office shall close this case after remanding to Clark County District Court.
IT IS SO ORDERED.