1 Don Springmeyer, Esq. (NSB No. 1021) Bradley Schrager, Esq. (NSB No. 10217) 2 Royi Moas, Esq. (NSB No. 10686) WOLF, RIFKIN, SHAPIRO, 3 SCHULMAN & RABKIN, LLP 3556 E. Russell Road, 2nd Floor 4 Las Vegas, Nevada 89120 Telephone: (702) 341-5200 5 Facsimile: (702) 341-5300 [email protected] 6 [email protected] [email protected] 7 Attorneys for Plaintiff 8 JGB Vegas Retail Lessee, LLC

9

10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11

12 JGB VEGAS RETAIL LESSEE, LLC, Case No. 2:20-cv-01366-KJD-BNW

13 Plaintiff,

14 vs. STIPULATION AND PROPOSED ORDER TO REMAND 15 STARR SURPLUS LINES INSURANCE COMPANY, 16 Defendants. 17 18 19 Plaintiff JGB Vegas Retail Lessee, LLC (“JGB”) and defendant Starr Surplus Lines 20 Insurance Company (“Starr”) hereby agree to and respectfully submit this stipulation and proposed 21 Order to the Court, and recite as follows: 22 WHEREAS, on June 16, 2020, JGB sued Starr in the Nevada District Court of Clark 23 County, Department No. XIII, Case No. A-20-816628-B (the “Nevada State Court Action”); 24 WHEREAS, on June 23, 2020, the Nevada Division of Insurance effectuated service of 25 JGB’s complaint in the Nevada State Court Action on Starr; 26 WHEREAS, on July 23, 2020, Starr filed a notice of removal of the Nevada State Court 27 Action to this Court, based on diversity of citizenship under

(a) between JGB and 1 WHEREAS, on July 24, 2020, counsel for JGB contacted counsel for Starr to advise that, 2 based on JGB’s status as an LLC, its citizenship was determined by its owners/members, and that 3 at least one owner/member of JGB was a New York citizen. See Johnson v. Columbia Properties 4 Anchorage, LP,

(9th Cir. 2006) (“We therefore join our sister circuits and hold 5 that, like a partnership, an LLC is a citizen of every state of which its owners/members are 6 citizens.”). JGB’s counsel further advised that this fact would destroy complete diversity, since 7 Starr contends that its principal place of business is in New York.

(c)(1) (“[A] 8 corporation shall be deemed to be a citizen of every State and foreign state by which it has been 9 incorporated and of the State or foreign state where it has its principal place of business.”); 10 WHEREAS since Starr’s removal, JGB and Starr have engaged in discussions to resolve 11 this issue, and JGB has provided Starr with satisfactory documentary evidence demonstrating that 12 at least one of its members is a citizen of New York. Thus, the parties agree that complete 13 diversity and subject matter jurisdiction does not exist between JGB and Starr. 14 / / / 15 / / / 16 / / / 17 / / / 18 / / / 19 / / / 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 1 IT IS HEREBY STIPULATED AND AGREED, subject to the Court’s approval, that 2 || this litigation be remanded to the Nevada State Court because there is a lack of diversity between 3 || JGB and Starr. 4 || DATED this 12th day of August, 2020 DATED this 12th day of August, 2020 5 || WOLF, RIFKIN, SHAPIRO, SCHULMAN FORAN GLENNON PALANDECH PONZI & RABKIN, LLP & RUDLOFF PC y: ___/s/Don Springmeyer _—~S=CBB: __/s/' Lee HV. clin, 7|| Don Springmeyer, Esq. (NSB No. 1021) Lee H. Gorlin (NSB No. 13879) Bradley Schrager, Esq. (NSB No. 10217) 2200 Paseo Verde Parkway, Suite 280 8 Royi Moas, Esq. (NSB No. 10686) Henderson, NV 89502 3556 E. Russell Road, 2nd Floor Telephone: (702) 827-1510 9 Las Vegas, Nevada 89120 Facsimile: (312) 863-5099 Telephone: (702) 341-5200 [email protected] 10 Facsimile: (702) 341-5300 dspringmeyer @wrslawyers.com Amy M. Samberg (NSB No. 10212) 11 bschrager @wrslawyers.com 400 East Van Buren St., Suite 550 [email protected] Phoenix, AZ 85004 12 Telephone: (602) 926-9880 Attorneys for Plaintiff JGB Vegas Retail Facsimile: (312) 863-5099 13 Lessee, LLC asamberg @fgppr.com 14 Attorneys for Starr Surplus Lines Insurance Company 15 16 7 IT ISSO ORDERED: ] 8 ™ \ 2 S 7 19 UNITED STATES DISTRICT JUDGE 20 DATED: ___9/1/2020 21 22 23 24 25 26 27 28

1 CERTIFICATE OF SERVICE 2 I hereby certify that on this 12th day of August, 2020, a true and correct copy 3 of STIPULATION AND PROPOSED ORDER TO REMAND was served via the United 4 States District Court CM/ECF system on all parties or persons requiring notice. 5 By /s/ Christie Rehfeld Christie Rehfeld, an Employee of 6 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP 7

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27