1 KkrEobNisTo nR@. RrsOsbBlaIwSO.coNm, E SQ. (NSB # 1167) BRETT W. PILLING, ESQ (NSB #15981) 2 [email protected] Robison, Sharp, Sullivan & Brust 3 71 Washington Street Reno, Nevada 89503 4 Telephone: (775) 329-3151 Facsimile: (775) 329-7169 5 Attorneys for Bruce Seaver 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 BRUCE L. SEAVER, as Heir of Teresa L. CASE NO.: 3:23-cv-00411-MMD-CSD Seaver, Deceased and Special Administrator of 9 the ESTATE OF TERESA L. SEAVER, 10 Plaintiff, 11 vs. ORDER GRANTING STIPULATION AND ORDER TO REMAND MATTER TO 12 RCG-SPARKS, LLC, a Foreign limited liability STATE COURT company; KNIGHT SWEEPING, INC., a 13 Domestic Corporation; and DOES I-X, 14 inclusive, 15 Defendants. 16 17 18 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff BRUCE L. 19 SEAVER (“Plaintiff”), by and through his counsel of record, Defendant RCG-SPARKS, LLC 20 (“RCG”), by and through its counsel of record, and Defendant KNIGHT SWEEPING, INC. (“KS”), 21 by and through its counsel of record, that this matter (Case No. 3:23-cv-00411-MMD-CSD) be 22 23 remanded back to the Second Judicial District Court of the State of Nevada in and for the County 24 of Washoe (Case No. CV22-01739) for adjudication based on the following reasons. 25 / / / 26 / / / 27 / / / 1 REASONS FOR REMAND 2 1. This matter was removed to Federal Court on March 8, 2023 due to the Federal Court 3 having subject matter jurisdiction as set forth in

. See ECF No. 1, p. 3. 4 2. At the time of removal, there was complete diversity between the Plaintiff and then 5 existing Defendant DOLLAR TREE STORES, INC. (“DTS”).

. DTS was a 6 Virginia based corporation.

. 7 3. Plaintiff was, and is, a resident of the State of Nevada.

. 8 4. Since the removal, RCG has been added as a Defendant. See ECF Nos. 18. RCG is 9 10 a Georgia limited liability company.

11 5. DTS has been dismissed from the action. See ECF No. 56. In the same order, the 12 Court allowed Plaintiff to file its Second Amended Complaint which named KS as a defendant.

13 6. KS filed its answer on January 22, 2025. See ECF No. 61. KS admitted that is was 14 a “Nevada domestic corporation, organized and existing under the laws of the State of Nevada.”

15 at ¶ 2 (admitting paragraph 4 in the Second Amended Complaint); see also ECF No. 57, ¶ 4 (stating 16 17 KS is a registered Nevada domestic corporation). 18 7. KS further confirmed its Nevada residency in its Certificate of Interested Parties. See 19 ECF No. 62. 20 8.

provides, in pertinent part, that the “district Courts shall have 21 original jurisdiction of all civil actions where the matter . . . is between . . . citizens of different 22 states.”

(a)(1) (emphasis added). 23 9. For the purpose of diversity of citizenship jurisdiction, a corporation shall be deemed 24 25 to be a citizen of any state in which it has been incorporated and of the state where it has its principal 26 place of business.

(c)(1). A corporation’s “principal place of business” is “the 27 place where a corporation’s officers direct, control, and coordinate the corporation’s activities.” 1 Hertz Corp. v. Friend,

(2010). A corporation’s principal place of business is usually 2 the singular location of the corporation’s main headquarters “from which the corporation radiates 3 out to its constituent parts.” Hertz Corp.,

. This “nerve center” test displaced the 4 formerly utilized “business activities test” and does not take into consideration the places in which 5 the corporation has a registered agent or conducts business. Hertz,

. 6 10. Due to KS being a Nevada domestic corporation and Plaintiff being a Nevada 7 resident, there is no longer the complete diversity of citizenship required under 28 U.S.C. 1332. 8 11. Based on these reasons, remand to the Second Judicial District Court of the State of 9 10 Nevada in and for the County of Washoe is appropriate as it will have subject matter jurisdiction 11 over this matter. 12 / / / 13 14 / / / 15 16 17 / / / 18 19 / / / 20 21 / / / 22 23 / / / 24 25 26 / / / 27 1 DATED this 24th day of February, 2025. DATED this 24th day of February, 2025. 2 LAXALT LAW GROUP, LTD. ROBISON, SHARP, SULLIVAN & BRUST 3 4 /s/ Steven E. Guinn /s/ Kent R. Robison STEVEN E. GUINN, ESQ. KENT R. ROBISON, ESQ. 5 Nevada Bar #5341 Nevada Bar #1167 6 9790 Gateway Drive Suite 200 BRETT W. PILLING, ESQ. Reno, Nevada 89521 Nevada Bar #15981 7 (775)322-1170 71 Washington Street Attorneys for Defendant Reno, Nevada 89503 8 RCG-Sparks, LLC (775)329-3151 Attorneys for Plaintiff 9 DATED this 24th day of February, 2025. 10 RANALLI, ZANIEL, FOWLER & 11 MORAN, LLC. 12 13 /s/ David M. Zaniel 14 DAVID M. ZANIEL, ESQ. Nevada Bar #7962 15 50 West Liberty Street, Suite 1050 Reno, Nevada 89501 16 (775)786-4441 17 Attorneys for Defendant Knight Sweeping, Inc. 18 19 ORDER 20 Pursuant to the stipulation of the Parties, and good cause appearing, this matter shall be 21 remanded back to the Second Judicial District Court of the State of Nevada in and for the County 22 of Washoe (Case No. CV22-01739) for further adjudication. 23 IT IS SO ORDERED. 24 25 DATED this 24th day of February 2025. 26 United States District Judge 27