Filed: May 22, 2018
Latest Update: May 22, 2018
Summary: STIPULATION AND ORDER GLORIA M. NAVARRO , District Judge . COMES NOW Plaintiff ACC Industries ("ACC"), by and through counsel of record, Brenoch R. Wirthlin, Esq., and Defendant Solutionary, Inc. ("Solutionary") 1 , by and through counsel Lesley B. Miller, Esq. and Marnie A. Jensen, Esq., and Steven Idelman ("Idelman") 2 , by and through counsel, Daniel McNutt, Esq., and do hereby submit this Stipulation and Order as follows: WHEREAS the underlying state court action was filed in the Fift
Summary: STIPULATION AND ORDER GLORIA M. NAVARRO , District Judge . COMES NOW Plaintiff ACC Industries ("ACC"), by and through counsel of record, Brenoch R. Wirthlin, Esq., and Defendant Solutionary, Inc. ("Solutionary") 1 , by and through counsel Lesley B. Miller, Esq. and Marnie A. Jensen, Esq., and Steven Idelman ("Idelman") 2 , by and through counsel, Daniel McNutt, Esq., and do hereby submit this Stipulation and Order as follows: WHEREAS the underlying state court action was filed in the Fifth..
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STIPULATION AND ORDER
GLORIA M. NAVARRO, District Judge.
COMES NOW Plaintiff ACC Industries ("ACC"), by and through counsel of record, Brenoch R. Wirthlin, Esq., and Defendant Solutionary, Inc. ("Solutionary")1, by and through counsel Lesley B. Miller, Esq. and Marnie A. Jensen, Esq., and Steven Idelman ("Idelman")2, by and through counsel, Daniel McNutt, Esq., and do hereby submit this Stipulation and Order as follows:
WHEREAS the underlying state court action was filed in the Fifth Judicial District Court of Nye County, Nevada, under case number CV38919;
WHEREAS Solutionary filed its Notice of Removal (ECF No. 2) on April 24, 2018;
WHEREAS there are two (2) pending actions in federal court involving some of the named Parties, case no. 2:17-cv-00083-GMN-VCF ("Navarro Action") and case no. 2:17-cv-00942-JAD-CWH ("Dorsey Action" and collectively with the Navarro Action referred to as the "Pending Actions");
WHEREAS the Pending Actions are currently stayed pending the outcome of various motions filed in the Pending Actions, including a motion to dismiss3 and motion for summary judgment4 ("Filed Motions");
NOW THEREFORE, in consideration of the foregoing, the Parties hereby stipulate and agree as follows:
The instant action may be stayed for all purposes until 21 days after the Filed Motions in the Pending Actions are decided.
Any deadlines, including any deadline for a party's answer or other responsive pleading, which may have passed prior to the entry of this Stipulation, is stayed as of the date of filing of the Notice of Removal on April 24, 2018.
By submitting the instant stipulation Plaintiffs do not waive any right to file a motion for remand or abstention, or any other motion, including without limitation pursuant to 28 U.S. Code § 1447. Should the instant stipulation not be approved by the Court for any reason prior to the expiration of the time period pursuant to which Plaintiffs are required to file a motion for remand, Plaintiffs reserve the right to file such a motion for purposes of retaining their rights only, and hereby stipulate and agree that no defendant shall be required to respond to the motion for remand or abstention, if filed, until 21 days after the Filed Motions are decided in the Pending Actions.
IT IS SO ORDERED.
