Schultz et al v. LM General Insurance Company, No. 2:2022cv00523 - Document 16 (D. Nev. 2022)
Court Description: ORDER Granting 15 Stipulation to Remand. IT IS FURTHER ORDERED that the case is REMANDED to state court. Signed by Judge Gloria M. Navarro on 12/29/2022. (Copies have been distributed pursuant to the NEF -cc: Certified Docket Sheet and Order sent to State Court - JQC)
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Schultz et al v. LM General Insurance Company Doc. 16 Case 2:22-cv-00523-GMN-DJA Document 16 Filed 12/29/22 Page 1 of 6 1 2 3 4 5 6 7 ISAIAH A. JEREZ, ESQ. Nevada Bar No. 11615 KRISTIE L. FISCHER Nevada Bar No. 11693 JEREZ LAW, PLLC 4484 S. Pecos Road, Suite 145 Las Vegas, NV 89121 Telephone : (702) 941-7660 Facsimile : (725) 888-4717 isaiah@jerezlaw.com kristie@jerelaw.com Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 JEREZ LAW, PLLC 4484 S. Pecos Road, Suite 145, las Vegas, NV 89121 Telephone: (702) 941-7660 Facsimile: (725) 888-4717 11 12 EMILY SCHULTZ and DANIEL SCHULTZ, Parents and Natural Guardians of E. S., a minor, Plaintiff, 13 14 15 16 17 CASE NO. : 2:22-CV-00523-GMN-DJA v. STIPULATION AND ORDER TO REMAND TO STATE COURT LM GENERAL INSURANCE COMPANY aka LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation; and DOES I through X; and ROE CORPORATIONS I through X, inclusive, 18 Defendants. 19 Plaintiffs EMILY SCHULTZ and DANIEL SCHULTZ, as parents and natural guardians 20 21 of E.S., a minor 22 LIBERTY MUTUAL INSURANCE COMPANY 23 counsel of record hereby agree and stipulate to remand this action to the Eighth Judicial District 24 Court, Clark County, Nevada. Good cause exists for this stipulation as follows: 1. 25 26 , and Defendant LM GENERAL INSURANCE COMPANY aka , by and through their respective On December 17, 2021, Plaintiffs filed their Complaint against Defendant in the Eighth Judicial District Court, Clark County, Nevada, Case Number A-21-845605-C 27 28 ... Dockets.Justia.com Case 2:22-cv-00523-GMN-DJA Document 16 Filed 12/29/22 Page 2 of 6 2. 1 2 Eighth Judicial District Court to remove the State Court Action to this Court on the basis of 3 diversity jurisdiction. 3. 4 at issue here via mediation and accordingly filed a Joint Motion to Stay (ECF No. 10), which was 6 granted. 7 4. As a result of mediation and settlement negotiations that followed mediation, 8 Plaintiffs and Defendant have reached a proposed settlement that includes a structured settlement 9 for a minor child. 11 JEREZ LAW, PLLC Following removal, Plaintiffs and Defendant agreed to attempt to resolve the claims 5 5. 10 4484 S. Pecos Road, Suite 145, Las Vegas, NV 89121 Telephone: (702) 941-7660 Facsimile: (725) 888-4717 On March 24, 2022, Defendant filed a Notice of Removal with this Court and the As is the case with structured settlements, there are specific timing deadlines for depositing of funds that must be met in order to assess interest issues for payouts. 6. 12 Since this settlement necessarily requires a Petition to Compromise Claim of 13 Minor, and due to the expedited deadlines for structured settlement compliance, the parties have 14 agreed to submit remand this case back to state court for the purposes of completing the settlement 15 processes. 7. 16 Specifically, once the stipulation and order is entered and the case is formally 17 remanded, the parties will file a Petition to Compromise Claim of Minor on an Order Shortening 18 Time in order to ensure that matter can be heard and decided within the deadlines for depositing 19 of funds under the current structured settlement timeline. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Page 2 of 3 Case 2:22-cv-00523-GMN-DJA Document 16 Filed 12/29/22 Page 3 of 6 8. 1 The parties represent that they have investigated the issues surrounding the final 2 settlement requirements and agree that the remand to state court is the appropriate course of 3 action. Plaintiffs and Defendant respectfully request that the Court so Order. 4 5 Dated: December 29, 2022 Dated: December 29, 2022 6 JEREZ LAW, PLLC CLYDE & CO US LLP /s/ Isaiah A. Jerez Isaiah A. Jerez, Esq. (NV Bar No. 11615) isaiah@jerezlaw.com 4484 S. Pecos Road, Suite 145 Las Vegas, NV 89121 Telephone : (702) 941-7660 Facsimile : (725) 888-4717 Attorneys for Plaintiffs /s/ Dylan P. Todd Amy M. Samberg (NV Bar No. 10212) amy.samberg@clydeco.us Dylan P. Todd (NV Bar No. 10456) dylan.todd@clydeco.us 7251 W. Lake Mead Blvd., Suite 430 Las Vegas, NV 89128 Telephone: (725) 248-2900 Facsimile: (725) 248-2907 Attorneys for LM General Insurance Company, erroneously named as LM General Insurance Company aka Liberty Mutual Insurance Company 7 8 9 10 JEREZ LAW, PLLC 4484 S. Pecos Road, Suite 145, Las Vegas, NV 89121 Telephone: (702) 941-7660 Facsimile: (725) 888-4717 11 12 13 14 15 ORDER 16 17 IT IS SO ORDERED. 18 IT IS FURTHER ORDERED that the case is REMANDED to state court. 19 IT IS FURTHER ORDERED that the Clerk is instructed to close the case. 20 21 29 day of December, 2022. Dated this ____ ___________________________ Gloria M. Navarro, District Judge UNITED STATES DISTRICT COURT CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 29th day of December, 2022, a copy of the 22 23 24 25 26 27 28 above and foregoing s was served by submission to the above-entitled Court for electronic service under -referenced case. r /s/Kristie L. Fischer Employee of JEREZ LAW, PLLC Page 3 of 3 Case 2:22-cv-00523-GMN-DJA Document 16 Filed 12/29/22 Page 4 of 6 From: To: Cc: Subject: Date: Todd, Dylan Isaiah Jerez Kristie Fischer RE: Schultz v. LM - SAO to Remand for Purposes of Compromising Tuesday, December 27, 2022 12:59:41 PM I’ll send it off now. Dylan Todd Senior Counsel | Clyde & Co US LLP Direct Dial: +1 725 248 2883 | Mobile: +1 702 427 6931 7251 West Lake Mead Boulevard | Suite 430 | Las Vegas | NV 89128 | USA Main +1 725 248 2900 | www.clydeco.us From: Isaiah Jerez <Isaiah@JerezLaw.com> Sent: Tuesday, December 27, 2022 10:41 AM To: Todd, Dylan <Dylan.Todd@clydeco.us> Cc: Kristie Fischer <kristie@JerezLaw.com> Subject: Re: Schultz v. LM - SAO to Remand for Purposes of Compromising Looks good. Let me know when you get client approval. Isaiah A. Jerez Jerez Law, PLLC 4484 South Pecos Road Las Vegas, Nevada 89121 P (702) 941-7660 F (725) 888-4717 From: Todd, Dylan <Dylan.Todd@clydeco.us> Date: Tuesday, December 27, 2022 at 10:39 AM To: Isaiah Jerez <Isaiah@JerezLaw.com> Cc: Kristie Fischer <kristie@JerezLaw.com> Subject: RE: Schultz v. LM - SAO to Remand for Purposes of Compromising let me know what you think. Dylan Todd Senior Counsel | Clyde & Co US LLP Direct Dial: +1 725 248 2883 | Mobile: +1 702 427 6931 7251 West Lake Mead Boulevard | Suite 430 | Las Vegas | NV 89128 | USA Main +1 725 248 2900 | www.clydeco.us From: Isaiah Jerez <Isaiah@JerezLaw.com> Sent: Tuesday, December 27, 2022 10:25 AM To: Todd, Dylan <Dylan.Todd@clydeco.us> Cc: Kristie Fischer <kristie@JerezLaw.com> Subject: Schultz v. LM - SAO to Remand for Purposes of Compromising Case 2:22-cv-00523-GMN-DJA Document 16 Filed 12/29/22 Page 5 of 6 Morning Dylan, Hope you had a great Christmas with the family. Attached is the proposed SAO to remand. Please let me know if I have authority to affix your e-signature, or if you have any changes. Thanks, Isaiah A. Jerez Jerez Law, PLLC 4484 South Pecos Road Las Vegas, Nevada 89121 P (702) 941-7660 F (725) 888-4717 If our account details change, we will notify these to you by letter, telephone or face-to-face and never by email. This email message and any attachments may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution or copying of this message or its attachments is strictly prohibited. If you have received this email message in error, please immediately notify us by telephone, fax or email and delete the message and all attachments thereto. Thank you. Clyde & Co US LLP is a Delaware limited liability law partnership affiliated with Clyde & Co LLP, a multinational partnership regulated by The Law Society of England and Wales. Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that any tax advice contained in this communication (including any attachment that does not explicitly state otherwise) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter addressed herein. Case 2:22-cv-00523-GMN-DJA Document 16 Filed 12/29/22 Page 6 of 6 From: To: Cc: Subject: Date: Attachments: Todd, Dylan Isaiah Jerez Brouse, Gina; Kristie Fischer 22.12.27 Stipulation and Order to Remand Thursday, December 29, 2022 11:27:38 AM 22.12.27 Stipulation and Order to Remand.docx Received the approval this morning for the revised stip. I also realized that today is the deadline to update the court on the settlement so this should likely get filed today. Thanks If our account details change, we will notify these to you by letter, telephone or face-toface and never by email. This email message and any attachments may contain legally privileged and/or confidential information intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution or copying of this message or its attachments is strictly prohibited. If you have received this email message in error, please immediately notify us by telephone, fax or email and delete the message and all attachments thereto. Thank you. Clyde & Co US LLP is a Delaware limited liability law partnership affiliated with Clyde & Co LLP, a multinational partnership regulated by The Law Society of England and Wales. Disclosure: To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that any tax advice contained in this communication (including any attachment that does not explicitly state otherwise) is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending to another party any transaction or matter addressed herein.
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