Estate of Shutt v. Costco Wholesale Corp.

Full title: ESTATE OF KAREN LEE SHUTT; KAREN LEE SHUTT, decedent; GERALD SHUTT…

Court: United States District Court, District of Nevada

Date published: Jan 5, 2022

2:20-cv-00567-KJD-EJY (D. Nev. Jan. 5, 2022)

Opinion

2:20-cv-00567-KJD-EJY

01-05-2022

ESTATE OF KAREN LEE SHUTT; KAREN LEE SHUTT, decedent; GERALD SHUTT, surviving spouse; KEVIN SHUTT, heir; STEVEN SHUTT, heir; MICHELLE VANCE, heir; MONICA MARSHALL, heir. Plaintiffs, v. COSTCO WHOLESALE CORPORATION, a Domestic Corporation; ROE CORPORATIONS I through X, inclusive; DOES 1 through 10; inclusive, Defendants.

Edgar Carranza, Esq. Nevada State Bar No. 5902 Jacquelyn Franco, Esq. Nevada State Bar No. 13484 Backus, Carranza & Burden Boyack Law Group Edgar Carranza, Esq. Nevada Bar No. 5902 Daniel M. Dastrup, Esq. Nevada Bar No. 13677 Attorney for Defendant COSTCO WHOLESALE CORPORATION Attorneys for Plaintiffs ESTATE OF KAREN LEE SHUTT, KAREN LEE SHUTT, GERALD SHUTT, KEVIN SHUTT, STEVEN SHUTT, MICHELLE VANCE and MONICA MARSHALL

Edgar Carranza, Esq. Nevada State Bar No. 5902

Jacquelyn Franco, Esq. Nevada State Bar No. 13484

Backus, Carranza & Burden

Boyack Law Group

Edgar Carranza, Esq. Nevada Bar No. 5902

Daniel M. Dastrup, Esq. Nevada Bar No. 13677

Attorney for Defendant COSTCO WHOLESALE CORPORATION

Attorneys for Plaintiffs ESTATE OF KAREN LEE SHUTT, KAREN LEE SHUTT, GERALD SHUTT, KEVIN SHUTT, STEVEN SHUTT, MICHELLE VANCE and MONICA MARSHALL

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE

IT IS HEREBY STIPULATED by and between Plaintiffs, ESTATE OF KAREN LEE SHUTT, KAREN LEE SHUTT (decedent), GERALD SHUTT (surviving spouse), KEVIN SHUTT (heir), STEVEN SHUTT (heir), MICHELLE VANCE (heir) and MONICA MARSHALL (heir) (hereinafter collectively referred to as “Plaintiffs”), by and through their counsel of record, 1 Daniel Dastrup, Esq. of the Boyack Law Group and Defendant, COSTCO WHOLESALE CORPORATION (hereinafter referred to as “Costco” or “Defendant”), by and through its counsel of record, Edgar Carranza, Esq. of the law firm of Backus, Carranza & Burden, as follows:

1. Plaintiffs filed their Complaint on January 28, 2020, in the Eighth Judicial District Court, Clark County, Nevada.

2. Costco filed the Answer on March 20, 2020, and a corresponding Notice of Removal on March 23, 2020.

3. On July 27, 2020, the Parties convened and participated in a FRCP 26(f) Conference, after which they embarked on discovery.

4. After some discovery, the Parties have been able to reach a mutually acceptable resolution to this matter which is memorialized in the Settlement and Release Agreement executed contemporaneous hereto.

5. This Stipulation is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of Defendant, or its agents, servants, or employees, and it is specifically denied that they are liable to Plaintiffs. Rather, the resolution is reached for the purpose of compromising the disputed claims and avoiding the expenses and risks of further litigation for all Parties.

6 In reaching the resolution Defendant does not admit any liability and continues to deny the allegations in the Complaint. Nonetheless, Plaintiffs hereby stipulates to waive any and all claims against Defendant and dismiss this action with prejudice in exchange for the agreed to resolution.

7. The Parties also hereby stipulate, and this Court hereby orders, that the above-captioned action is hereby DISMISSED WITH PREJUDICE as to all Plaintiffs' claims against Defendant. 2

8. The Parties agree that they will each bear their own costs, fees, and expenses related to this matter.

ORDER

The Parties have stipulated and agree to the dismissal of this case as set forth in the foregoing stipulation and good cause appearing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that this case is DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that each party shall bear their own costs and fees. The clerk of the Court shall close the file.

IT IS SO ORDERED 3