Coletto v. Smith's Food & Drug Ctrs.

Full title: TERRY ANN COLETTO, GARY ARCHAMBEAULT Plaintiffs, v. SMITH'S FOOD & DRUG…

Court: United States District Court, District of Nevada

Date published: Apr 18, 2022

2:22-cv-00491-GMN-EJY (D. Nev. Apr. 18, 2022)

Opinion

2:22-cv-00491-GMN-EJY

04-18-2022

TERRY ANN COLETTO, GARY ARCHAMBEAULT Plaintiffs, v. SMITH'S FOOD & DRUG CENTERS, INC and Does I through V, inclusive, Defendants.

SPRINGBERG LAW FIRM LAURENCE SPRINGBERG, ESQ. Nevada Bar No. 000188 Attorneys for Plaintiffs TERRY ANN COLETTO and GARY ARCHAMBEAULT COOPER LEVENSON, P.A. JERRY S. BUSBY, ESQ. Nevada Bar No. 001107 Attorneys for Defendant SMITH'S FOOD & DRUG CENTERS, INC.

GLORIA M. NAVARRO, DISTRICT JUDGE UNITED STATES DISTRICT COURT

SPRINGBERG LAW FIRM LAURENCE SPRINGBERG, ESQ. Nevada Bar No. 000188 Attorneys for Plaintiffs TERRY ANN COLETTO and GARY ARCHAMBEAULT

COOPER LEVENSON, P.A. JERRY S. BUSBY, ESQ. Nevada Bar No. 001107 Attorneys for Defendant SMITH'S FOOD & DRUG CENTERS, INC.

STIPULATION TO REMAND CASE TO STATE COURT

GLORIA M. NAVARRO, DISTRICT JUDGE UNITED STATES DISTRICT COURT

WHEREAS, Plaintiffs TERRY ANN COLETTO and GARY ARCHAMBEAULT, and their counsel of record, LAURENCE SPRINGBERG of the SPRINGBERG LAW FIRM, have agreed to cap the damages recoverable by Plaintiffs in this litigation to a maximum of $75, 000.00 for all claims arising out of the incident at SMITH'S on December 15, 2020;

IT IS HEREBY STIPULATION AND AGREED by and between Plaintiffs TERRY ANN COLETTO and GARY ARCHAMBEAULT by and through their counsel of record, LAURENCE SPRINGBERG of the SPRINGBERG LAW FIRM, and SMITH'S FOOD & DRUG CENTERS, INC. by and through its counsel of record, JERRY S. BUSBY, ESQ. of the law firm COOPER LEVENSON P.A. as follows:

1. That the maximum amount of damages recoverable by Plaintiffs in this case be limited to the maximum amount of $75, 000.00 on all claims; and

2. That this case be remanded to the Eighth Judicial District Court for the State of Nevada for further proceedings.

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IT IS FURTHER STIPULATED AND AGREED that in the event additional parties are added to this litigation, the cap of $75, 000.00 will still limit the damages available to Plaintiffs.

ORDER REMANDING CASE TO STATE COURT

Pursuant to the stipulation set forth above, it is hereby ordered that the above-captioned case is remanded to Nevada's Eighth Judicial District Court for the reasons addressed in this stipulation, with the parties to bear their own costs and attorneys' fees.

IT IS SO ORDERED. 2