DAVID J. MORTENSEN, ESQ. 1 Nevada Bar No. 2547 2 COURTNEY CHRISTOPHER, ESQ. Nevada Bar No. 12717 3 DEREK LINFORD, ESQ. Nevada Bar No. 14909 4 MESSNER REEVES LLP 5 8945 West Russell Road, Suite 300 Las Vegas, Nevada 89148 6 Telephone: (702) 363-5100 Facsimile: (702) 363-5101 7 E-mail: [email protected] [email protected] 8 [email protected] 9 Attorneys for Defendants The Heights of Summerlin, LLC; Summit Care, LLC; 10 Latoya Davis; Andrew Reese; and Genesis Healthcare, Inc. 11 IN THE UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 ESTATE OF MARIA ASI ALIMUSA, by and Case No. 2:22-cv-00193 -JAD-DJA 14 through its Special Administrator Roderick Troy 15 Alimusa, RODERICK TROY ALIMUSA, individually, and JACQUES PHILLIPE 16 ALIMUSA, individually, ORDER GRANTING MOTION TO 17 Plaintiffs, WITHDRAW NOTICE OF REMOVAL vs. AND TO REMAND TO STATE COURT 18 THE HEIGHTS OF SUMMERLIN, LLC, a 19 Foreign Limited Liability Company; ANDREW 20 REESE; LATOYA DAVIS; SUMMIT CARE, ECF Nos. 7, 11, 12, 22 LLC, a Foreign Limited Liability Company; 21 GENESIS HEALTHCARE, INC., a Foreign Corporation; DOES I through X, inclusive; and 22 ROE CORPORATIONS I through X, inclusive, 23 Defendants. 24 25 COMES NOW, Defendants THE HEIGHTS OF SUMMERLIN, LLC, a Foreign Limited 26 Liability Company; ANDREW REESE, LATOYA DAVIS; SUMMIT CARE, LLC, a Foreign Limited 27 11874.0012 2:22-cv-00193 1 1 Liability Company; and GENESIS HEALTHCARE, Inc., a Foreign Corporation, by and through its 2 counsel of record, the law firm of MESSNER REEVES LLP, and submits its Assented Motion to 3 Withdraw Notice of Removal and Remand to State Court. 4 Counsel for all parties have assented to the Motion to Withdraw the Notice of Removal and 5 Remand this matter to State Court based on the Ninth Circuit Court of Appeals recent decision in Saldana 6 v. Glenhaven Healthcare LLC,

(9th Cir. Feb. 22, 2022). The parties request that all 7 pending Motions be denied without prejudice or denied as moot. 8 Counsel to this matter have agreed to the use of their e-signatures. 9 DATED this 9th day of March, 2022. 10 MESSNER REEVES LLP 11 /s/ Courtney Christopher 12 DAVID J. MORTENSEN, ESQ. (NBN 2547) COURTNEY CHRISTOPHER, ESQ. (NBN 12717) 13 DEREK LINFORD, ESQ. (NBN 14909) 14 8945 West Russell Road, Suite 300 Las Vegas, Nevada 89148 15 Telephone: (702) 363-5100 Facsimile: (702) 363-5101 16 E-mail: [email protected] [email protected] 17 [email protected] Attorneys for Defendants The Heights of Summerlin, LLC; 18 Summit Care, LLC; Latoya Davis; Andrew Reese; and 19 Genesis Healthcare, Inc. 20 21 22 23 24 25 26 27 11874.0012 2:22-cv-00193 2 1 Assented to by: 2 MURDOCK & ASSOCIATES, CHTD. 3 /s/ Robert Murdock 4 ROBERT E. MURDOCK, ESQ. (NBN 4013) 5 SYDNEY E. MURDOCK, ESQ. (NBN 15291) 521 South Third Street 6 Las Vegas, NV 89101 and 7 LEONARD H. STONE, ESQ. (NBN 5791) 8 SHOOK & STONE, CHTD. 710 South Fourth Street 9 Las Vegas, NV 89101 0 Attorneys for Plaintiffs 11 12 ORDER GRANTING MOTION 13 As it appears that this Court lacks subject-matter jurisdiction over this removed case, IT IS 14 || ORDERED that the Assented Motion to Remand [ECF No. 22] is GRANTED; the Clerk of Court is 15 directed to REMAND this case back to Department 30 of the Eighth Judicial District Court for Clark County, Nevada, Case Number A-21-845305-C, and CLOSE THIS CASE. 16 IT IS FURTHER ORDERED that all other pending motions [ECF Nos. 7, 11, 12] are DENIED as moot and without prejudice. 18 TY, 19 US. District fudge Tentlifes A. Dorsey Dated: March 10, 2022 20 21 22 23 24 25 26 27 || 11874.0012 2:22-cv-00193 28