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Schwartzmann v. Albertson's, LLC, 2:18-CV-01300-JCM-CWH. (2019)

Court: District Court, D. Nevada Number: infdco20190321869 Visitors: 8
Filed: Mar. 13, 2019
Latest Update: Mar. 13, 2019
Summary: STIPULATION AND ORDER TO REMAND JAMES C. MAHAN , District Judge . Plaintiff Elissa Schwartzmann ("Plaintiff") and Defendants Albertson's LLC and Albertson's Companies, LLC (collectively "Defendants") stipulate as follows: 1. On April 30, 2018, Plaintiff commenced an action in the Eighth Judicial District Court, Clark County, Nevada, entitled Elissa Schwartzmann v. Albertson's LLC, et al. as Case Number A-18-773722-C (the "Action"). 2. On July 16, 2018, Defendants filed a notice of remo
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STIPULATION AND ORDER TO REMAND

Plaintiff Elissa Schwartzmann ("Plaintiff") and Defendants Albertson's LLC and Albertson's Companies, LLC (collectively "Defendants") stipulate as follows:

1. On April 30, 2018, Plaintiff commenced an action in the Eighth Judicial District Court, Clark County, Nevada, entitled Elissa Schwartzmann v. Albertson's LLC, et al. as Case Number A-18-773722-C (the "Action").

2. On July 16, 2018, Defendants filed a notice of removal of this Action pursuant to U.S.C. §1441(b) with the United States District Court for the District of Nevada.

3. Subsequent to removal, the parties have agreed that the total value of damages in this action does not exceed this Court's requisite amount of seventy-five thousand dollars ($75,000.00) necessary to maintain subject matter jurisdiction. To that end, the parties hereby stipulate that this Action be remanded to the Eighth Judicial District Court, Clark County, Nevada.

4. The parties further stipulate that Plaintiff waives any right to collect recovery of any monies above and beyond the seventy-five thousand dollars ($75,000.00), exclusive of any interest, fees, and/or costs she may be entitled to, in this Action against Defendants resulting from the incident giving rise to this Action.

5. The parties further stipulate that each party shall bear their own attorneys' fees and costs with respect to the removal and subsequent remand of the Action pursuant to this stipulation and order.

IT IS SO STIPULATED.

ORDER

Based on the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED that THIS ACTION IS REMANDED back to the Eighth Judicial District Court, Clark County, Nevada, Case No. A-18-773722-C, Department 8. The Clerk of Court is directed to CLOSE THIS CASE.

Source:  Leagle

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