Opinion
2:21-cv-02090-GMN-EJY
04-01-2022
STEPHEN PORTER STUBBS, an individual, Plaintiff, v. THE COLEMAN COMPANY, INC., a foreign corporation; NEWELL BRANDS INC., a foreign corporation; DOES I through XX; and ROE CORPORATIONS I through XX, inclusive, Defendants.
Justin S. Hepworth, Esq. (SBN 10080) Alexandria L. Layton, Esq. (SBN 14228) EVANS FEARS & SCHUTTERT LLP Attorneys for Defendants The Coleman Company, Inc. and Newell Brands Inc. Jared R. Richards, Esq. Nevada Bar No. 11254 Dustin E. Birch, Esq. Nevada Bar No. 10517 Attorneys for Plaintiff Stephen Porter Stubbs
Justin S. Hepworth, Esq. (SBN 10080) Alexandria L. Layton, Esq. (SBN 14228) EVANS FEARS & SCHUTTERT LLP Attorneys for Defendants The Coleman Company, Inc. and Newell Brands Inc.
Jared R. Richards, Esq. Nevada Bar No. 11254 Dustin E. Birch, Esq. Nevada Bar No. 10517 Attorneys for Plaintiff Stephen Porter Stubbs
STIPULATION AND ORDER TO DISMISS WITHOUT PREJUDICE NEWELL BRANDS INC. AND PLAINTIFF'S PUNITIVE DAMAGES CLAIMS
IT IS HEREBY STIPULATED by and between Plaintiff Stephen Porter Stubbs (“Plaintiff”) and Defendants The Coleman Company, Inc. and Newell Brands Inc. (collectively “Coleman Defendants”), through their undersigned counsel of record, pursuant to Federal Rule of Civil Procedure 41(a), that Plaintiff's Complaint be dismissed in its entirety without prejudice as to Defendant Newell Brands Inc. only, with each party to bear its own costs and attorneys' fees. Plaintiff reserves the right to file a motion to add Defendant Newell Brands Inc. back into the case should the discovery process present evidence that the entity allegedly bears responsibility for the subject incident.
IT IS FURTHER STIPULATED by the parties that the punitive damages claims asserted in Plaintiff's Complaint shall be dismissed without prejudice as to both Coleman Defendants with each party to bear its own costs and attorneys' fees. Plaintiff reserves the right to file a motion to 1 add punitive damages claims back into the case should the discovery process present alleged evidence of oppression, fraud and/or malice.
IT IS FURTHER STIPULATED by the parties that the Coleman Defendants' Motion to Dismiss [Dkt. No. 3] is rendered moot by this stipulation and is hereby withdrawn.
ORDER
BASED ON THE STIPULATION HEREIN AND GOOD CAUSE APPEARNING, IT IS HEREBY ORDERED that Defendant Newell Brands Inc. shall be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a).
IT IS FURTHER ORDERED that Plaintiff reserves the right to file a motion to add Newell Brands Inc. back into the case should the discovery process present evidence that the entity allegedly bears responsibility for the subject incident.
IT IS FURTHER ORDERED that the punitive damages claims asserted in Plaintiff's Complaint shall be dismissed without prejudice as to both Coleman Defendants.
IT IS FURTHER ORDERED that Plaintiff reserves the right to file a motion to add punitive damages claims back into the case should the discovery process present alleged evidence of oppression, fraud and/or malice.
IT IS FURTHER ORDERED that the Coleman Defendants' Motion to Dismiss [Dkt. No. 3] is rendered moot by this stipulation and is hereby withdrawn. Pursuant to NRCP 12(a)(4)(A), 2
The Coleman Company, Inc. shall have 14 days from entry of this stipulation and order to file a responsive pleading.
IT IS FURTHER ORDERED that each side shall bear their own attorneys' fees and costs for this dismissal without prejudice.
IT IS SO ORDERED. 3