Opinion
CASE NO.: 2:12-cv-02152-GMN-PAL
03-18-2013
MILITE WOLDEMICHAEL, Plaintiff, v. AUTOZONE WEST, INC. d/b/a AUTOZONE, a Foreign Corporation; and DOES I through X, inclusive; and ROE CORPORATIONS XI through XX, inclusive, Defendants.
J. SCOTT DILBECK, ESQ. JASON NAIMI, ESQ. NAIMI, DILBECK & JOHNSON, CHTD. Attorneys for Plaintiff Approved as to form and content: Andres Camacho, Esq. JONATHAN B. OWENS, ESQ. Attorneys for Defendants
SAO
J. SCOTT DILBECK, ESQ.
JASON NAIMI, ESQ.
NAIMI, DILBECK & JOHNSON, CHTD.
Attorneys for Plaintiff
(District Court Case No.: A-12-665302-C)
STIPULATION AND ORDER TO REMAND CASE TO STATE COURT
COMES NOW, Plaintiff, Milite Woldemichael, by and through her respective counsel of record, J. Scott Dilbeck, Esq., of the law firm of Naimi, Dilbeck & Johnson, Chtd., and Defendants, Autozone West, Inc. dba Autozone, by and through their respective counsel of record, Jonathan B. Owens, Esq. of the law firm of Alverson, Taylor, Mortensen & Sanders, and hereby stipulate and agree to the following:
IT IS HEREBY STIPULATED AND AGREED by and between the parties that the amount in controversy as to all Plaintiffs in the above-referenced case is not more than $75,000.00 pursuant to 28 USC § 1332.
IT IS FURTHER STIPULATED AND AGREED by and between the parties that the above-referenced case be remanded to state court pursuant to 28 USC § 1447.
IT IS HEREBY STIPULATED AND AGREED by and between the parties that Plaintiff will not present Defendant AutoZone West, Inc., with a settlement demand in excess of $75,000.00 during the course of litigation of this matter.
IT IS HEREBY STIPULATED AND AGREED by and between the parties that should this matter proceed to trial, the maximum amount of damages which can be awarded to Plaintiff shall be capped at $75,000.00, inclusive of fees and costs. Under no circumstances can any award exceed $75,000.00.
IT IS SO STIPULATED. Respectfully Submitted by: ______________________
J. SCOTT DILBECK, ESQ.
Nevada Bar No. 10565
JASON NAIMI, ESQ.
Nevada Bar No. 9441
5495 S. Rainbow Blvd., Ste. 202-C
Las Vegas, NV 89118
(702) 823-3333 Tel
(702) 823-3300 Fax
Attorneys for Plaintiff
Approved as to form and content: Andres Camacho, Esq.
JONATHAN B. OWENS, ESQ.
Attorneys for Defendants
ORDER
Based upon the Stipulation of the parties, and good cause appearing therefore:
IT IS HEREBY ORDERED that the above-referenced case be remanded to state court pursuant to 28 USC § 1447.
IT IS FURTHER ORDERED that Plaintiff will not present Defendant AutoZone West, Inc., with a settlement demand in excess of $75,000.00 during the course of litigation of this matter.
IT IS FURTHER ORDERED that should this matter proceed to trial, the maximum amount of damages which can be awarded to Plaintiff shall be capped at $75,000.00, inclusive of fees and costs. Under no circumstances can any award exceed $75,000.00.
IT IS SO ORDERED.
______________________
Gloria M. Navarro
United States District Judge
Respectfully Submitted by: ______________________
J. SCOTT DILBECK, ESQ.
Nevada Bar No. 10565
JASON NAIMI, ESQ.
Nevada Bar No. 9441
5495 S. Rainbow Blvd., Ste. 202-C
Las Vegas, NV 89118
(702) 823-3333 Tel
(702) 823-3300 Fax
Attorneys for Plaintiff
Approved as to form and content: Andres Camacho, Esq.
JONATHAN B. OWENS, ESQ.
Nevada Bar No. 7118
ANDRES CAMACHO, ESQ.
Nevada Bar No. 11072
7401 W. Charleston Blvd.
Las Vegas, NV 89117
(702) 384-7000 Tel
(702) 385-7000 Fax
Attorneys for Defendants