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Samantha Inc. v. State ex rel. Department of Health and Human Services

United States District Court, D. Nevada

June 10, 2019

Samantha Inc., d/b/a Samantha's Remedies, a Nevada Corporation, Plaintiff,
v.
State of Nevada, ex rel, Department of Health and Human Services Nevada Division of Public and Behavioral Health Medical Marijuana Establishment Program; State of Nevada, ex rel, Department of Taxation; DOES 1-10; and ROE CORPORATIONS 1-10, Defendants.

          LEO P FLANGAS, ESQ. Nevada Bar No. 5637 FLANGAS LAW FIRM, LTD. Attorneys for Plaintiff.

          STEVE SHEVORSKI, ESQ. Head of Complex Litigation Nevada Bar No. 08256 CRAIG A. NEWBY Deputy Solicitor General Nevada Bar No. 12158 Attorney for Defendants

          STIPULATED AND ORDER TO REMAND CASE TO STATE COURT AND, IN ALTERNATIVE, TO GIVE PLAINTIFF EXTENSION OF TIME TO FILE RESPONSIVE BRIEF TO STATE'S MOTION TO DISMISS

          GLORIA M. NAVARRO, CHIEF JUDGE UNITED STATES DISTRICT COURT

         Pursuant to L.R. 7-1, SAMANTHA INC., D/B/A SAMANTHA'S REMEDIES, A NEVADA CORPORATION, Plaintiff (“SAMANTHA”), by and through their attorney LEO P. FLANGAS of the FLANGAS LAW FIRM and STATE OF NEVADA, ex rel, DEPARTMENT OF HEALTH AND HUMAN SERVICES NEVADA DIVISION OF PUBLIC AND BEHAVIORAL HEALTH MEDICAL MARIJUANA ESTABLISHMENT PROGRAM; STATE OF NEVADA, ex rel, DEPARTMENT OF TAXATION, (“State of Nevada”) by and through its attorney STEVE SHEVORSKI, ESQ. of the STATE OF NEVADA, OFFICE OF THE ATTORNEY GENERAL hereby stipulate and agree:

         WHEREAS, on May 7, 2019, State of Nevada filed a Petition for Removal from Eighth Judicial District Court, Case No. A-19-789983-B (Dkt 1).

         WHEREAS, on May 7, 2019, entry of a Minute Order in Chambers of the Honorable Chief Gloria M. Navarro scheduled a statement of a removed action to be due by May 22, 2019. Joint Status Report regarding removed action was ordered to be due by June 6, 2019. (Dkt 2).

         WHEREAS, on May 9, 2019, a Notice of Appearance was filed by Steven Shevorski on behalf of Defendants State of Nevada, ex rel, Department of Health and Human Services Nevada Division of Public and Behavioral Health and Human Services Medical Marijuana Establishment Program, State of Nevada, ex rel, Department of Taxation. (Dkt 4).

         WHEREAS, on May 14, 2019, a Motion to Dismiss was filed by Defendants State of Nevada, ex rel, Department of Health and Human Services Nevada Division of Public and Behavioral Health Medical Marijuana Establishment Program, State of Nevada, ex rel, Department of Taxation. Responses were ordered due by May 28, 2019. (Dkt 5).

         WHEREAS, on May 14, 2019, a Statement Regarding Removal was filed by Defendants State of Nevada, ex rel, Department of Health and Human Services Nevada Division of Public and Behavioral Health Medical Marijuana Establishment Program, State of Nevada, ex rel, Department of Taxation. (Dkt 6).

         WHEREAS, on May 17, 2019, a Notice of Voluntary Dismissal of Certain Claims Pursuant to F.R.C.P. 41(a)(1)(A)(i) was filed by Plaintiff Samantha Inc., d/b/a Samantha's Remedies, a Nevada Corporation. (Dkt 7).

         WHEREAS, on May 17, 2019, Motion to Remand to State Court was filed by Plaintiff Samantha Inc., d/b/a Samantha's Remedies, a Nevada Corporation. Responses due by May 31, 2019. (Dkt 8).

         WHEREAS, based on Plaintiff's filings, no federal claims remain in this case.

         WHEREAS, the parties desire to conserve this Court's resources under these circumstances and agree to remand this case to the Eighth Judicial Court of the District of Nevada.

         WHEREAS, the parties agree to extend time for the Plaintiff to respond to Defendant's Motion to Dismiss to fourteen (14) days after the Court's decision on Plaintiff's Motion to ...


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