Opinion
CASE NO. 2:12-cv-02047-MMD-PAL
01-09-2013
MARYBEL GOLDSMITH, an individual, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, a Maryland corporation; DOES I-X, and ROE CORPORATIONS I-X, Defendants.
DARRELL D. DENNIS MICHAEL E. TALBOT LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for GEICO General Insurance Company MARC A. SAGGESE, ESQ. Attorneys for Plaintiff
DARRELL D. DENNIS
MICHAEL E. TALBOT
LEWIS BRISBOIS BISGAARD & SMITH LLP
Attorneys for GEICO General Insurance
Company
STIPULATION AND ORDER TO REMAND TO STATE COURT AND LIMIT RECOVERABLE DAMAGES TO $75,000.00
Plaintiff, MARYBEL GOLDSMITH ("Plaintiff"), and Defendant GEICO GENERAL INSURANCE COMPANY ("Defendant"), by and through their respective counsel of record, stipulate as follows:
1. Plaintiff's First Amended Complaint was originally filed in the Eighth Judicial District Court, State of Nevada, on November 6, 2012, and thereafter removed to this Court on November 29, 2012 on grounds of diversity of citizenship. The Amended Complaint alleges claims for underinsured motorist benefits, bad faith, unfair claims practices and breach of fiduciary as a result of a motor vehicle accident.
2. Plaintiff stipulates that her total claimed recoverable damages against Defendant in this action do not, and will not, exceed the sum of Seventy-Five Thousand and 00/100 Dollars ($75,000.00), exclusive of costs and interest. This stipulation that Plaintiff's total claimed damages do not exceed $75,000.00, exclusive of costs and interest, applies to any all claims arising out of or relating to this action, regardless of claim or theory of liability and regardless of whether presently pled or not, and applies to all claimed damages whether, general, special, punitive, attorneys fees or otherwise.
3. Pursuant to this Stipulation, Plaintiff will not seek to recover damages against Defendant in this action greater than $75,000.00, exclusive of costs and interest. Under no circumstances can Plaintiff recover more than $75,000.00, exclusive of costs and interest, from Defendant and, in no event, shall judgment be entered in favor of Plaintiff in an amount in excess of $75,000.00, exclusive of costs and interest.
4. By entering into this Stipulation, Defendant neither acknowledges nor concedes liability or damages with respect to any claims brought by Plaintiff in her Amended Complaint, or as such Complaint may hereafter be amended, and expressly denies liability and damages.
5. This action shall be remanded to the Eighth Judicial District Court for Clark County, State of Nevada, for all further proceedings, consistent with this Stipulation. SAGGESE & ASSOCIATES, LTD. _______________
MARC A. SAGGESE, ESQ.
Attorneys for Plaintiff
LEWIS BRISBOIS BISGAARD & SMITH LLP _______________
DARRELL D. DENNIS, ESQ..
Nevada Bar No. 6618
MICHAEL E. TALBOT, ESQ.
Nevada Bar No. 3827
6385 S, Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Telephone: (702) 893-3383
Fax: (702): 893-3789
Attorneys for Defendant GEICO General
Insurance Company
ORDER
IT IS SO ORDERED.
_______________
UNITED STATES DISTRICT COURT JUDGE
Submitted By: LEWIS BRISBOIS BISGAARD & SMITH LLP _______________
DARRELL D. DENNIS, ESQ.
Nevada Bar No. 6618
MICHAEL E. TALBOT, ESQ.
Nevada Bar No. 3827
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant GEICO General Insurance Company