Opinion
2:10-cv-00196-RCJ-LRL.
June 23, 2010
Michael R. Mushkin, Esq., Nevada State Bar #2421, Steven M. Shinn, Esq., Nevada State Bar #6822, Michael R. Mushkin Associates, Las Vegas, Nevada, Attorneys for Plaintiff/Counter defendant/Third-Party Defendant JB Carter Properties II, LLC.
ORDER GRANTING MOTION FOR REMAND; ORDER REMANDING CIVIL ACTION BACK TO STATE COURT
ORDER GRANTING MOTION FOR REMAND; ORDER REMANDING CIVIL ACTION BACK TO STATE COURT
Before this Court is Plaintiff JB Carter Properties II, LLC's Motion for Remand; Motion to Dismiss Counterclaim and/or Third-Party Complaint Pursuant to Federal Rules of Civil Procedure Rule 12; in the alternative, Motion for More Definite Statement, Motion to Strike, Sever or Try Separately (Document #7). Defendant Nasrollah Gashtili and Third Party Plaintiffs Integrated Data Systems, Inc. and Fastran, Inc, originally removed this civil action from the Eighth Judicial District Court, in and for Clark County, Nevada, to federal court based upon, 28 U.S.C. § 1441 (Document #1). After Plaintiff filed its Motion for Remand, Defendant/Counterclaimant Nasroliah Gashtili and Third Party Plaintiffs Integrated Dynamic Solutions, Inc. and Fastran, Inc. filed their Opposition and Counter-Motion to Intervene (Document #12); Plaintiff then filed its Reply to the Opposition and Counter-Motion to Intervene (Document #13) and Defendant/Counterclaimant Nasrollah Gashtili and Third Party Plaintiffs Integrated Dynamic Solutions, Inc. and Fastran, Inc. filed their Reply in Support of Counter-Motion to Intervene (Document #14). A hearing was held in open court on June 1, 2010; Michael R. Mushkin, Esq. appeared for Plaintiff JB Carter Properties II, LLC; both Donald L. Prunty, Esq. and Ronald D. Green, Esq. appeared for Defendant/Counterclaimant Nasrollah Gashtili and Third Party Plaintiffs Integrated Dynamic Solutions, Inc. and Fastran, Inc.; and this Court having considered Plaintiff's Motion for Remand as well as the pleadings on file on behalf of all the parties and having beard the arguments of their counsel;
IT IS HEREBY ORDERED that Plaintiff JB Carter Properties II, LLC's Motion for Remand (Document #7) is GRANTED and this Court REMANDS this case to the Eighth Judicial District Court, in and for Clark County, Nevada.
IT IS FURTHER ORDERED that any other pending motions are denied as moot.