Filed: Sep. 26, 2019
Latest Update: Sep. 26, 2019
Summary: JOINT MOTION TO DISMISS DMA CLAIMS MANAGEMENT, INC. WITH PREJUDICE GLORIA M. NAVARRO , District Judge . Plaintiff Kelley Hayes on behalf of minor child I.R. and DMA Claims Management, Inc., by and through their respective attorneys of record, stipulate and agree that Plaintiff's claims, whether asserted or not asserted and however styled, against DMA Claims Management, Inc. and other DMA entities, in the above-entitled action shall be dismissed with prejudice. Each party to bear its own att
Summary: JOINT MOTION TO DISMISS DMA CLAIMS MANAGEMENT, INC. WITH PREJUDICE GLORIA M. NAVARRO , District Judge . Plaintiff Kelley Hayes on behalf of minor child I.R. and DMA Claims Management, Inc., by and through their respective attorneys of record, stipulate and agree that Plaintiff's claims, whether asserted or not asserted and however styled, against DMA Claims Management, Inc. and other DMA entities, in the above-entitled action shall be dismissed with prejudice. Each party to bear its own atto..
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JOINT MOTION TO DISMISS DMA CLAIMS MANAGEMENT, INC. WITH PREJUDICE
GLORIA M. NAVARRO, District Judge.
Plaintiff Kelley Hayes on behalf of minor child I.R. and DMA Claims Management, Inc., by and through their respective attorneys of record, stipulate and agree that Plaintiff's claims, whether asserted or not asserted and however styled, against DMA Claims Management, Inc. and other DMA entities, in the above-entitled action shall be dismissed with prejudice. Each party to bear its own attorneys' fees, costs, and expenses.
In Plaintiff's First Amended Complaint, Plaintiff had brought claims against a different entity, DMA Claims, Inc.1 See ECF No. 6, Exhibit A. On March 8, 2019, the Court granted Plaintiff's Motion to file a Second Amended Complaint (ECF No. 43), which dismissed DMA Claims, Inc. and permitted Plaintiff to name DMA Claims Management, Inc. as an additional defendant. See ECF No. 43. Plaintiff's Second Amended Complaints no longer included claims against DMA Claims, Inc. See ECF No. 44. On May 3, 2019, the Court granted Plaintiff's Motion to file a Third Amended Complaint, permitting Plaintiff to name ATX Premier Insurance company and Nationsbuilders Insurance Services, Inc. as additional defendants. See ECF No. 53. Plaintiff's operative Third Amended Complaint also did not include any claims against DMA Claims, Inc. See ECF No. 57.
To the extent there is any uncertainty, Plaintiff and DMA Claims, Inc. agree that Plaintiff's claims against DMA Claims, Inc. are also dismissed with prejudice, with each party to bear its own fees, costs, and expenses.
DATED this 25th day of September, 2019 DATED this 25th day of September, 2019.
CRAIG P. KENNY & ASSOCIATES GORDON REES SCULLY
MANSUKHANI, LLP
/s/Lawrence E. Mittin /s/Robert E. Schumacher
LAWRENCE E. MITTIN, ESQ. CRAIG J. MARIAM, ESQ.
Nevada Bar No. 5428 Nevada Bar No. 10926
501 S. 8th Street ROBERT E. SCHUMACHER, ESQ.
Las Vegas, Nevada 89101 Nevada Bar No. 7504
Attorney for Plaintiff Kelley Hayes, as natural Daniel D. O'Shea, Esq.
parent of minor I.R. Admitted Pro Hac Vice
WING YAN WONG, ESQ.
Nevada Bar No. 13622
300 South 4TH Street, Suite 1550
Las Vegas, Nevada 89101
Attorney for Defendant,
DMA Claims Management, Inc. and
DMA Claims, Inc.
ORDER
IT IS HEREBY ORDERED that the above Joint Motion to Dismiss Claims Against Defendant DMA Claims Management, Inc. with Prejudice, (ECF No. 88), is GRANTED.
IT IS FURTHER ORDERED that in light of the above, the Motion to Dismiss, (ECF No. 17), and the Motion to Dismiss, (ECF No. 61), filed by Defendant DMA Claims Management, Inc. are DENIED as moot.
