1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 MICHAEL BENIK, Case No. 2:21-cv-00623-APG-EJY

4 Plaintiff, ORDER DENYING MOTION TO v. REMAND 5 LVGV, LLC D/B/A THE M RESORT SPA [ECF Nos. 7, 10] CASINO, A FOREIGN LIMITED 6 LIABILITY CORPORATION; DOE INDIVIDUALS 1-10, DOE EMPLOYEES 7 11-20; AND ROE CORPORATIONS 21-30 ,

8 Defendants. 9 Plaintiff Michael Benik filed two motions to remand this case to state court. ECF Nos. 7 10 10. Defendant LVGV, LLC’s petition to remove the case adequately alleged that diversity of 11 citizenship existed. ECF No. 1 at 1. And at the time of removal, Benik had alleged he had 12 incurred over $71,000.00 in past medical expenses. ECF No. 1-5 at 2. The “amount in 13 controversy is assessed as of the time of removal,” and subsequent changes to that amount do not 14 defeat diversity jurisdiction. Chavez v. JPMorgan Chase & Co.,

(9th Cir. 15 2018). Thus, this case was properly removed to this court. 16 I THEREFORE ORDER that plaintiff Michael Benik’s two motions to remand (ECF 17 Nos. 7. 10) are denied. 18 DATED this 28th day of July, 2021. 19 20 UNITED STATES DISTRICT JUDGE 21

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