1 RNiecvhaadrad BCa. rG Noord. o9n0,3 E6 sq. 2 Erik J. Foley, Esq. Nevada Bar No. 14195 3 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 4 Las Vegas, Nevada 89169 Telephone: 702.784.5200 5 Facsimile: 702.784.5252 Email: [email protected] 6 [email protected] 7 Attorneys for Plaintiffs

8

9 IN THE UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11

12 MGP APEX 582 MULTIFAMILY, LLC, a Nevada limited liability company; MGP APEX CASE NO.: 2:23-cv-00009-RFB-DJA 13 582 DEVELOPMENT, LLC, a Nevada limited liability company; MGP APEX 582 14 GUARANTY, LLC, a Nevada limited liability STIPULATION AND ORDER TO company; REMAND 15 Plaintiffs, 16 vs. 17 TREZ CAPITAL WINSTON LP, a Delaware 18 Limited Partnership; TREZ CAPITAL FUNDING II, LLC, a Delaware limited 19 liability company, 20 Defendants and Real Parties in Interest, 21 and 22 BH&G HOLDINGS, LLC, a Nevada limited 23 liability company 24 Nominal Defendant. 25 26

27 28 1 Plaintiffs MGP Apex 582 Multifamily, LLC, MGP Apex 582 Development, LLC, and 2 MGP Apex 582 Guaranty, LLC (collectively, the “Plaintiffs”) and Defendants Trez Capital 3 Winston LP and Trez Capital Funding II, LLC (collectively, the “Defendants”) hereby stipulate 4 and agree, and jointly request that the Court remand this Removed Action back to the Eighth 5 Judicial District Court for Clark County, Nevada due to lack of diversity jurisdiction, based on the 6 7 following: 8 WHEREAS, on December 27, 2022, Plaintiffs commenced an action in Nevada’s Eighth 9 Judicial District Court, Case No. A-22-863107-C, entitled MGP Apex 582 Multifamily, LLC v. 10 Trez Capital Winston LP (the “State Court Action”). 11 WHEREAS, on January 3, 2023, Defendants filed a Notice of Removal with this Court 12 [ECF No. 1] based on contended diversity jurisdiction (the “Removed Action”). The Removed 13 Action was assigned to Judge Richard F. Boulware and Magistrate Judge Daniel J. Albregts as 14 15 Case No. 2:23-cv-00009-RFB-DJA. 16 WHEREAS, no other defendants named in the State Court Action filed an appearance in 17 either the State Court Action or the Removed Action and none have joined in the Notice of 18 Removal. 19 WHEREAS, Defendants and Plaintiff MGP Apex Multifamily, LLC each have members 20 and/or partners domiciled in Delaware, thereby precluding diversity jurisdiction. See Johnson v. 21 Columbia Properties Anchorage, LP,

(9th Cir. 2006) (“[L]ike a partnership, an 22 23 LLC is a citizen of every state of which its owners/members are citizens.”). The Delaware 24 membership within Plaintiff MGP Apex Multifamily, LLC was unbeknownst to defense counsel at 25 the time of filing the Notice of Removal. 26 WHEREFORE, Plaintiffs and Defendants stipulate and agree that the Removed Action 27 does not meet the complete diversity requirement for diversity jurisdiction, and on this basis, 28 1 || jointly request that the Court order the Removed Action to be immediately remanded back to the 2 Eighth Judicial District Court in and for Clark County, Nevada. See

See also,

1332. Due to a scheduled January 10, 2023 foreclosure sale, and a TRO hearing that was pending 4 at the time of removal, the Parties request expedited review of this stipulation. 5 © || IT IS SO STIPULATED. 7 8 Dated: January 5, 2023 Dated: January 5, 2023 9 HOLLAND & HART SNELL & WILMER LLP 10 By: /s/ Joseph G. Went (with permission) By: /s/ Richard C. Gordon Joseph G. Went, Esq. Richard C. Gordon, Esq. 12 Nevada Bar No. 9220 Erik J. Foley, Esq. Sydney R. Gambee, Esq. 3883 Howard Hughes Parkway, Suite 13 Nevada Bar No. 14201 1100 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 14 Las Vegas, NV 89134 15 Attorneys for Plaintiffs Attorneys for Defendants 16 17 18 ORDER 19 20 IT ISSO ORDERED. 21 22 C < 3 RICHARD F. WARE, II UNITED STATES DISTRICT JUDGE 24 DATED this 12th day of April, 2023. 25 26 27 28

Shypkoski, Michelle From: Joseph Went <[email protected]> Sent: Wednesday, January 4, 2023 5:34 PM To: Gordon, Richard Cc: Austin, Bradley; Foley, Erik; Shypkoski, Michelle; Sydney R. Gambee Subject: MGP Apex 582 Multifamily, LLC, et al., v. Trez Capital Winston LP, et al. (Remand for Lack of Diversity) Stipulation and Order to Remand 4885-7237-9975_2.docx

Rick: We have reviewed the email and documents you provided this afternoon regarding the membership of Plaintiff MGP Apex Multifamily, LLC. Based on those items, the citizenship of MGP Apex Multifamily, LLC and the citizenship of the defendants, we understand that diversity jurisdiction is precluded. You may affix my electronic signature to the stipulation and order to remand.

Joseph Went HOLLAND & HART LLP H ol land 9555 Hillwood Drive, 2nd Floor, Las Vegas, NV 89134 T: (702) 669-461 M: (702) 527-9561 & Hart | T: (702) 669-4619 | M: (702) 527-95 CONFIDENTIALITY NOTICE: This message is confidential and may be privileged. If you believe that this email has been sent to you in error, please reply to sender that you received the message in error; then please delete this email.