Opinion
Case No.: 2:13-cv-1127-JAD-CWH
07-11-2014
Jerry Ybarra, Plaintiff, v. American National Property & Casualty Co; and Does 1 through V and Roe Corporations I through V, inclusive, Defendants.
Remand Order
For the reasons stated on the record by the Court at today's hearing, the Court exercises its discretion to decline to entertain this lawsuit under the Brillhart doctrine. See, e.g., Brillhart v. Excess Ins. Co. of Am., 316 U.S. 491 (1942); GEICO v. Dizol, 133 F.3d 1220 (9th Cir. 1998); R.R. Street & Co., Inc. v. Transport Ins. Co., 656 F.3d 966 (9th Cir. 2011); Huth v. Hartford Ins. Co. of the Midwest, 298 F.3d 800 (9th Cir. 2002).
IT IS HEREBY ORDERED that this case is remanded to back to the Eighth Judicial District Court (Case No. A-13-682260-C). The Court does not reach the merits of the pending cross motions for summary judgment and denies both (Docs. 18, 19) as moot in light of remand.
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JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE