Opinion
2:23-cv-00009-RFB-DJA
04-12-2023
MGP APEX 582 MULTIFAMILY, LLC, a Nevada limited liability company; MGP APEX 582 DEVELOPMENT, LLC, a Nevada limited liability company; MGP APEX 582 GUARANTY, LLC, a Nevada limited liability company; Plaintiffs, v. TREZ CAPITAL WINSTON LP, a Delaware Limited Partnership; TREZ CAPITAL FUNDING II, LLC, a Delaware limited liability company, Defendants and Real Parties in Interest, and BH&G HOLDINGS, LLC, a Nevada limited liability company Nominal Defendant.
HOLLAND & HART Joseph G. Went, Esq. Nevada Bar No. 9220 Sydney R. Gambee, Esq. Nevada Bar No. 14201 Attorneys for Defendants SNELL & WILMER LLP Richard C. Gordon, Esq. Erik J. Foley, Esq. Attorneys for Plaintiffs
HOLLAND & HART Joseph G. Went, Esq. Nevada Bar No. 9220 Sydney R. Gambee, Esq. Nevada Bar No. 14201 Attorneys for Defendants
SNELL & WILMER LLP Richard C. Gordon, Esq. Erik J. Foley, Esq. Attorneys for Plaintiffs
STIPULATION AND ORDER TO REMAND
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE
Plaintiffs MGP Apex 582 Multifamily, LLC, MGP Apex 582 Development, LLC, and MGP Apex 582 Guaranty, LLC (collectively, the “Plaintiffs”) and Defendants Trez Capital Winston LP and Trez Capital Funding II, LLC (collectively, the “Defendants”) hereby stipulate and agree, and jointly request that the Court remand this Removed Action back to the Eighth Judicial District Court for Clark County, Nevada due to lack of diversity jurisdiction, based on the following:
WHEREAS, on December 27, 2022, Plaintiffs commenced an action in Nevada's Eighth Judicial District Court, Case No. A-22-863107-C, entitled MGP Apex 582 Multifamily, LLC v. Trez Capital Winston LP (the “State Court Action”).
WHEREAS, on January 3, 2023, Defendants filed a Notice of Removal with this Court [ECF No. 1] based on contended diversity jurisdiction (the “Removed Action”). The Removed Action was assigned to Judge Richard F. Boulware and Magistrate Judge Daniel J. Albregts as Case No. 2:23-cv-00009-RFB-DJA.
WHEREAS, no other defendants named in the State Court Action filed an appearance in either the State Court Action or the Removed Action and none have joined in the Notice of Removal.
WHEREAS, Defendants and Plaintiff MGP Apex Multifamily, LLC each have members and/or partners domiciled in Delaware, thereby precluding diversity jurisdiction. See Johnson v. Columbia Properties Anchorage, LP, 437 F.3d 894, 899 (9th Cir. 2006) (“[L]ike a partnership, an LLC is a citizen of every state of which its owners/members are citizens.”). The Delaware membership within Plaintiff MGP Apex Multifamily, LLC was unbeknownst to defense counsel at the time of filing the Notice of Removal.
WHEREFORE, Plaintiffs and Defendants stipulate and agree that the Removed Action does not meet the complete diversity requirement for diversity jurisdiction, and on this basis, jointly request that the Court order the Removed Action to be immediately remanded back to the Eighth Judicial District Court in and for Clark County, Nevada. See Id. See also, 28 U.S.C. § 1332. Due to a scheduled January 10, 2023 foreclosure sale, and a TRO hearing that was pending at the time of removal, the Parties request expedited review of this stipulation.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.