Opinion
2:23-CV-01136-JCM-EJY
11-14-2023
MICHAEL PAGE, Plaintiff, v. BALJIT MANJU and DHESI LOGISTICS LLC, Defendants.
RYAN L. DENNETT, ESQ. BRENT D. QUIST, ESQ. Nevada Bar No. 009157 DENNETT WINSPEAR, LLP Attorneys for Defendant, Baljit Manju and Dhesi Logistics LLC SCHUETZE, McGAHA, TURNER & FERRIS, PLLC WILLIAM W. McGAHA, ESQ. Nevada Bar No. 003234 Attorneys for Plaintiffs, Michael Page
RYAN L. DENNETT, ESQ. BRENT D. QUIST, ESQ. Nevada Bar No. 009157 DENNETT WINSPEAR, LLP Attorneys for Defendant, Baljit Manju and Dhesi Logistics LLC
SCHUETZE, McGAHA, TURNER & FERRIS, PLLC WILLIAM W. McGAHA, ESQ. Nevada Bar No. 003234 Attorneys for Plaintiffs, Michael Page
STIPULATION AND ORDER TO TRANSFER THIS MATTER TO THE UNITED STATES DISTRICT COURT OF THE DISTRICT OF ARIZONA, PRESCOTT DIVISION
Plaintiff MICHAEL PAGE, by and through his counsel of record, SCHUETZE, McGAHA, TURNER & FERRIS, PLLC, and BALJIT MANJU and DHESI LOGISTICS LLC, by and through their counsel of record, DENNETT WINSPEAR, LLP, hereby stipulate to transfer this matter to the United States District Court of the District of Arizona, Prescott Division, pursuant to 28 USC §1404(a) and 28 USC §1391(2).
Specifically, the parties stipulate to the following:
1. That this case arises out of a motor vehicle accident that occurred on I-40 near mile marker 49 in Kingman, Arizona, in Mohave County, Arizona;
2. That 28 USC §1404(a) provides that a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented;
3. That a civil action may be brought in the judicial district in which a substantial part of the events occurred (28 USC §1391(2));
4. That venue is proper where an alleged injury occurred (Brooke v. Hotel Investment Group, Inc., 2017 WL 4124042 (D.Arizona 2017));
5. That the Rules of Practice and Procedure of the U.S. District Court for the District of Arizona, LRCiv 77.1(a) provides that the Prescott Division compromises the following counties: Apache, Navajo, Coconino, Mohave, and Yavapai counties.
6. That LRCiv 77.1(c)(2) provides that all civil causes of action arising in the Prescott division “shall be tried in Prescott[;]” and
7. Finally, that the Court transfer this matter to the United States District Court of the District of Arizona, Prescott Division.
ORDER
Based upon the Stipulation of the parties and good cause appearing, the Court hereby transfers the above captioned matter to the United States District Court of the District of Arizona, Prescott Division.
IT IS SO ORDERED
From: Bill McGaha <bmcgaha@smlvlaw.net>
Sent: Thursday, November 9, 2023 4:44 PM
To: Theresa Amendola
Cc: Brent Quist; Donna Brand
Subject: RE: Stip and Order to Change Venue
Theresa:
Good to go and please affix my electronic signature.
Kindest Regards, William W. McGaha, Esq.
Legalride, L.L.C.
Schuetze, McGaha, Turner & Ferris, P.L.L.C.
601 South Rancho Drive, Suite C-20
Las Vegas, Nevada 89106
Phone (702) 369-3225
Facsimile (702) 369-2110
Direct Dial (725) 228-3231
Our firm has proudly served Nevadans since 1993. Visit our website at www.legalride.com. AV Peer Review Rated by Martindale-Hubble.
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From: Theresa Amendola <tamendola@dennettwinspear.com>
Sent: Thursday, November 9, 2023 3:57 PM
To: Bill McGaha <bmcgaha@smlvlaw.net>
Cc: Brent Quist <bquist@dennettwinspear.com>
Subject: Stip and Order to Change Venue
Good afternoon:
Can you review the attached and if meets your approval, please advise if we can e-sign on your behalf, or feel free to suggest changes.
Thank you.
Theresa
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