Opinion
2:23-cv-01186-JCM-VCF
08-28-2023
DAYCO FUNDING CORPORATION, a California corporation, Plaintiffs, v. SHUMWAY VAN, LLC, a Nevada limited liability company; TRITON GRADING & PAVING, LLC, a Nevada limited liability company; SOUTHWEST MASONRY, LLC, a Nevada limited liability company; TRITON GRADING EQUIPMENT LEASING, INC., a Nevada corporation; MICHAEL LEAVITT, an individual; LUCAS LEAVITT, an individual; MARCUS LEAVITT, an individual; TYLER LEAVITT, an individual; VAN CHASE LAW, LLC, a Nevada limited liability company dba VC2 LAW; TEXAS SUITS, LLC, a Texas limited liability company; ROBERTSON ALGER & SPJUTE, PLLC, a Utah professional limited liability company; and DOES 4-20, inclusive, Defendants.
REID RUBINSTEIN & BOGATZ I. SCOTT BOGATZ, ESQ. CHARLES M. VLASIC III, ESQ Attorneys for Defendant Robertson Alger & Spjute, PLLC KNIGHT & RYAN Robert A. Ryan, Esq. Nevada Bar No. 12084 Scott A Knight, Esq. Attorneys for Defendant/Cross-Defendant Shumway Van HOLLY DRIGGS Nicholas J. Santoro, Esq. Nevada Bar No. 532 Oliver J. Pancheri, Esq Attorneys for Defendant Van Chase Law, LLC dba VC2 Law KING SCOW KOCH DURHAM, LLC David R. Koch, Esq. Nevada Bar No. 8830 Daniel G. Scow, Esq. Attorneys for Defendants/Cross-Plaintiffs Triton Grading & Paving, LLC; Southwest Masonry, LLC; Triton Grading Equipment Leasing, Inc.; and Michael Leavitt, Lucas Leavitt, Marcus Leavitt and Tyler Leavitt VILORIA OLIPHANT OSTER & AMAN. L.L.P. Nathan J. Aman, Esq. R. Shawn Oliphant, Esq. Nathan J. Aman, Esq. (#8354) Emilee N. Hammond, Esq. (#14626) KEMP JONES, LLP Michael J. Gayan, Esq. Nevada Bar No. 11135 Don Springmeyer, Esq. Nevada Bar No. 1021 Katrina Stark, Esq. Attorneys for Plaintiff Dayco Funding Corporation
REID RUBINSTEIN & BOGATZ I. SCOTT BOGATZ, ESQ. CHARLES M. VLASIC III, ESQ Attorneys for Defendant Robertson Alger & Spjute, PLLC
KNIGHT & RYAN Robert A. Ryan, Esq. Nevada Bar No. 12084 Scott A Knight, Esq. Attorneys for Defendant/Cross-Defendant Shumway Van
HOLLY DRIGGS Nicholas J. Santoro, Esq. Nevada Bar No. 532 Oliver J. Pancheri, Esq Attorneys for Defendant Van Chase Law, LLC dba VC2 Law
KING SCOW KOCH DURHAM, LLC David R. Koch, Esq. Nevada Bar No. 8830 Daniel G. Scow, Esq. Attorneys for Defendants/Cross-Plaintiffs Triton Grading & Paving, LLC; Southwest Masonry, LLC; Triton Grading Equipment Leasing, Inc.; and Michael Leavitt, Lucas Leavitt, Marcus Leavitt and Tyler Leavitt
VILORIA OLIPHANT OSTER & AMAN. L.L.P. Nathan J. Aman, Esq. R. Shawn Oliphant, Esq. Nathan J. Aman, Esq. (#8354) Emilee N. Hammond, Esq. (#14626)
KEMP JONES, LLP Michael J. Gayan, Esq. Nevada Bar No. 11135 Don Springmeyer, Esq. Nevada Bar No. 1021 Katrina Stark, Esq. Attorneys for Plaintiff Dayco Funding Corporation
STIPULATION AND ORDER REGARDING REMAND TO STATE COURT
Pursuant to L.R. 7-1, the parties to this action hereby jointly stipulate as follows and request entry of the proposed order set forth below:
RECITALS
WHEREAS, on January 31, 2020, Plaintiff Dayco Funding Corporation (“Plaintiff' or “Dayco”), filed a Complaint (the “Complaint”) commencing the underlying litigation (the “Litigation”), in the Second Judicial District Court for the State of Nevada, County of Washoe (Case No. CV20-00194), asserting claims against Defendants Triton Grading & Paving, LLC (“Triton Paving”), Southwest Masonry, LLC (“Southwest Masonry”), Triton Grading Equipment Leasing, Inc. (“Triton Grading”), Michael Leavitt, Lucas Leavitt, Marcus Leavitt, and Tyler Leavitt (collectively the “Leavitts”), and Shumway Van, LLC (“Shumway Van”) (Triton Paving, Southwest Masonry, Triton Grading, the Leavitts, and Shumway Van are sometimes all collectively referred to herein as the “Original Defendants”).
WHEREAS, on or about March 17, 2020, the Litigation was transferred from the Second Judicial District Court for the State of Nevada, County of Washoe, to the Eighth Judicial District Court for the State of Nevada, County of Clark (Case No. A-20-812984-C).
WHEREAS, on June 16, 2023, Dayco filed a First Amended Complaint (the “First Amended Complaint”) in the Litigation, asserting claims against the Original Defendants, and also against additional Defendants Robertson Alger & Spjute, PLLC (“RAS”), Van Chase Law, LLC dba VC2 Law (“VC2 Law”), and Texas Suits, LLC (“Texas Suits”) (RAS, VC2 Law, and Texas Suits are sometimes collectively referred to herein as the “Additional Defendants”, and together, the Original Defendants and the Additional Defendants are sometimes collectively referred to herein as the “Defendants”).
WHEREAS, on July 26, 2023, RAS removed the Litigation to the United States District Court for the District of Nevada pursuant to 28 U.S.C. §§ 1332, 1441, and 1446 (the “Removal”).
WHEREAS, all of the Defendants consented to the Removal; however, Texas Suits did not sign the Removal for the reasons set forth therein, and has not yet appeared in this case.
WHEREAS, on August 14, 2023, Plaintiff filed a Motion to Remand and for Attorney's Fees (ECF No. 11) (the “Motion to Remand”).
WHEREAS, RAS has not yet filed an Opposition to Plaintiff's Motion to Remand.
WHEREAS in the interests of conserving judicial and litigants' time and resources, Plaintiff and Defendants hereby request that the Court enter the proposed order set forth below to remand the Litigation back to the Eighth Judicial District Court for the State of Nevada, County of Clark, with each party to bear their own attorneys' fees and costs.
STIPULATION
NOW, THEREFORE, Plaintiff and Defendants in the above-captioned Litigation hereby stipulate and agree that the Litigation should be remanded back to the Eighth Judicial District Court for the State of Nevada, County of Clark, with each party to bear their own attorneys' fees and costs.
Dated this 25th day of August, 2023
[PROPOSED] ORDER
Pursuant to the stipulation set forth above, it is hereby ordered that the Litigation is remanded back to the Eighth Judicial District Court for the State of Nevada, County of Clark, with each party to bear their own attorneys' fees and costs.
IT IS SO ORDERED.