Opinion
2:23-cv-01095-CDS-NJK
08-04-2023
REBECCA CHIARAMONTL Individually, and as Special Administrator of the Estate of ANTHONY L. CHIARAMONTI, deceased, LEWIS CHIARAMONTL and ADELE CHIARAMONTI. Plaintiffs v. CATHY ZEE ANDERSON, as personal representative of the Estate of DONALD S. GOLDBERG and as trustee of THE DONALD S. GOLDBERG TRUST, dated December 28, 2007 Defendants
STIPULATION AND ORDER TO REMAND BACK TO STAE COURT
Plaintiffs, Rebecca Chiaramonti, Individually, and as Special Administrator of the Estate of Anthony L. Chiaramonti, deceased, Lewis Chiaramonti, and Adele Chiaramonti, (“Plaintiffs”), and Defendant, Cathy Zee Anderson, as personal representative of the Estate of Donald S. Goldberg, and as trustee of The Donald S. Goldberg Trust dated December 28, 2007 “ (“Defendant”), by and through their respective counsel of record, hereby stipulate and agr ee as follows:
WHEREAS, on June 2, 2023, Plaintiff filed a Complaint against Defendant in Department 26 of the Eighth Judicial District Court, bearing Case No. A-23-871672-C (the “Action”);
WHEREAS, on July 13, 2023, the Defendant removed the matter pursuant to 15 U.S.C. § 1332 [ECF No. 1];
WHEREAS, on July 21, 2023, Plaintiff filed a motion to remand and requests for costs and fees incurred as a result of the removal, pmsuant to 15 U.S.C.§ 1447 [ECF No. 6] (“Remand Motion”). The Defendant's response to the Remand Motion is due on or before August 4, 2023;
WHEREAS, the parties have agreed and stipulated to remand this Action back to the Eighth Judicial District Court, with each party to bear their own costs and fees, with Defendant to respond to the Complaint on or before August 10, 2023;
NOW, THEREFORE, based on the foregoing, IT IS HEREBY STIPULATED AND AGREED by and between the parties that this case be remanded back to the Eighth Judicial District Court for the County of Clark, Case No. A-23-871672-C.
ORDER
Based on the foregoing stipulation and agr eement of the parties, and for good cause shown, IT IS HEREBY ORDERED that the stipulation to remand [ECF No. 16] is GRANTED. The Clerk of Court is directed to REMAND this case back to the Eighth Judicial District Court, Department 26, case number A-23-871672-C, and close this case.
IT IS FURTHER ORDERED that plaintiffs' motion to remand [ECF No. 6], by virtue of this order, is denied as moot.
IT IS FURTHER ORDERED that the petitions for permission to practice pro hac vice by Daniel O. Rose [ECF No. 9] and Brian J. Alexander [ECF No. 11] are denied as moot.