Castillo v. Charles Shin Lin, et al.
| Jesse Castillo |
| Charles Shin Lin, MD, Razmig Garo Kratlian, MD, Abrill M. Jones, MD, James S. Forage, MD, Inpatient Consultants of Nevada, Inc., Fremont Emergency Services, LTD., Sunrise Hospital and Medical Center, LLC doing business as Sunrise Hospital and Duke Forage Anson Neurosurgical, LLP |
| Atkinson, Watkins & Hoffman, LLP and Patriot Law Firm Corporation |
| 2:2023cv01673 |
| October 15, 2023 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Elayna J Youchah |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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| Document Text |
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| Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 12/13/2023. On November 21, 2023, I granted Plaintiffs / Lien Claimant's motion to remand and granted a full award of attorney fees and costs associated with removal, and required defendants were required to provide the court with a proposed order setting forth the fees and costs. ECF No. 11. Defendants filed the instant proposed order on December 5, 2023. ECF No. 13. However, the order does not contain supporting documentation from which the court could determine whether the requested amount is reasonable. See Hensley v. Eckerhart, 461 U.S. 424, 437 (1983) (the party seeking fees "bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.") (emphasis added). Accordingly, defendants' proposed order (ECF No. 13) is denied without prejudice.Defendants are ordered to re-submit the proposed order with records sufficient to provide the court with a proper basis for determining how the fees in connection with the remand were calculated by January 3, 2024. See Hensley, 461 U.S. at 437, fn.12. The court notes that it may reduce compensation on account of any failure to maintain appropriate records. Id. at 438, fn.13. (no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 13 Submission of PROPOSED ORDER on #11 Order on Motion to Remand to State Court,,,,, Order on Unopposed Motion,,,,, Order on Motion to Consolidate Cases,,,,,,,,, by Claimants Atkinson, Watkins & Hoffman, LLP, Patriot Law Firm Corporation. (Echols, Micah) |
| Filing 12 CLERK'S NOTICE that this case is reassigned per #11 Order to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:23-cv-01673-CDS-EJY. (no image attached) (RGDG) |
Filing 11
ORDER Granting #7 Motion to Remand to State Court, Denying as moot #10 Unopposed Motion for Extension of Time, and Denying as moot #2 Motion to Consolidate Cases. The Clerk of Court is THEREFORE ORDERED to TRANSFER and REASSIGN: Case No. 2:23-cv-01673-RFB-EJY to District Judge Cristina D. Silva and Magistrate Judge Elayna Youchah for all further proceedings. The Clerk of Court is kindly instructed to REMAND this matter back to the Eighth Judicial District Court for the State of Nevada, Case No. A-20-820371-C, Department IX. Defendants' request for a full award of attorneys' fees and costs associated with remand is GRANTED. The defendants must provide the court with a proposed order setting forth the fees and costs within 14 days of this order. Clerk status check on 12/5/2023. Signed by Judge Cristina D. Silva on 11/21/2023. (Copies have been distributed pursuant to the NEF. Copy of certified Order and certified public docket sheet mailed to Eight Judicial District Court. - RGDG)
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| Filing 10 First UNOPPOSED MOTION for Extension of Time to File Lien Claimants' Reply in Support of Motion to Remand to State Court re #7 Motion to Remand to State Court, by Claimants Atkinson, Watkins & Hoffman, LLP, Patriot Law Firm Corporation. Responses due by 12/4/2023. (Echols, Micah) (presiding) |
| Filing 9 RESPONSE to #7 Motion to Remand to State Court, by Plaintiff Jesse Castillo, Respondent Jesse Castillo. Replies due by 11/24/2023. (Attachments: #1 Exhibit Declaration and Email)(Booke, Bradley) |
| Filing 8 CERTIFICATE of Interested Parties by Atkinson, Watkins & Hoffman, LLP, Patriot Law Firm Corporation. There are no known interested parties other than those participating in the case. (Echols, Micah) |
| Filing 7 MOTION to Remand to State Court by Claimants Atkinson, Watkins & Hoffman, LLP, Patriot Law Firm Corporation. Responses due by 11/17/2023. (Attachments: #1 Exhibit Complaint, #2 Exhibit First Amended Complaint, #3 Exhibit Notice of Entry of Order Granting in Part and Denying in Part Plaintiff's Motion to Amend Complaint, #4 Exhibit Third Amended Complaint, #5 Exhibit Civil Docket Case No. A-20-820371-C)(Echols, Micah) |
| Filing 6 CERTIFICATE of Interested Parties by Jesse Castillo, Jesse Castillo. There are no known interested parties other than those participating in the case. (Booke, Bradley) |
| Filing 5 CLERK'S NOTICE. To date, a Certificate of Interested Parties has not been filed, pursuant to LR 7.1-1, by Plaintiff and Defendant. Certificate of Interested Parties due by 11/2/2023. (no image attached) (HAM) |
| Filing 4 STATEMENT REGARDING REMOVAL by Respondent Jesse Castillo.. (Booke, Bradley) |
| Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 10/17/2023. By Deputy Clerk: A.Miller. Statement regarding removed action is due by 11/1/2023. Joint Status Report regarding removed action is due by 11/16/2023. (Copies have been distributed pursuant to the NEF - AMMi) |
| Filing 2 MOTION to Consolidate Cases with Case No. 2:23-cv-01619-CDS-DJA by Defendant Jesse Castillo. Responses due by 10/30/2023. (Booke, Bradley) |
| Filing 1 PETITION FOR REMOVAL from District Court of Clark County, Nevada, Case Number A-20-820371-C, (Filing fee $ 402 receipt number ANVDC-7459659) by Jesse Castillo. Certificate of Interested Parties due by 10/25/2023. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Opposition to State Court Complaint, #3 Civil Cover Sheet Civil Cover Sheet) (Booke, Bradley) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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