Opinion
Case No.: 2:11-cv-01513-GMN-PAL.
October 5, 2011
ORDER
Before the Court is Defendant Wirtz Beverage Nevada Beer, Inc., f/k/a Monarch Beverage Company's ("Monarch") Emergency Motion to Stay Further Briefing Regarding Co-Trustee Peter R. Wirtz's Motion to Dismiss Complaint Pending Resolution of Monarch's Motion to Remand ("Emergency Motion") (ECF No. 7).
On September 21, 2011, Co-Defendant and Co-Trustee Peter R. Wirtz filed a Petition for Removal (ECF No. 1) and a Motion to Dismiss (ECF No. 2). A week later, Monarch filed a Motion to Remand (ECF No. 8) and its Emergency Motion (ECF No. 7).
In support of its request for a stay, Monarch argues that "the entry of a stay will conserve judicial resources because this Court's review of the Motion to Dismiss is likely to be unnecessary based upon the result of the Motion to Remand." (Emergency Motion 2: ¶ 6.)
The Court agrees that a stay is warranted, pending resolution of Monarch's Motion to Remand. IT IS HEREBY ORDERED that the Emergency Motion is GRANTED. IT IS FURTHER ORDERED that Co-Defendant and Co-Trustee Peter R. Wirtz's Motion to Dismiss is STAYED pending this Court's resolution of Monarch's Motion to Remand.