McGee & McGee Wine Merch.'s, LLC v. Jam Cellars, Inc. ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
MCGEE & MCGEE WINE No. 70172
MERCHANTS, LLC, A NEVADA
LIMITED LIABILITY COMPANY, D/B/A
SAPPHIRE FAMILY OF WINES,
Appellant,
vs.
JAM CELLARS, INC., A CALIFORNIA
FILED
CORPORATION; AND JOHN MAY 1 1 2016
ANTHONY VINEYARDS, LLC, A
TRACIE K LINDEMAN
CALIFORNIA LIMITED LIABILITY CLERK IF S 1PREME COURT
COMPANY, BY
DEPUTY CLERK,!
Respondents.
ORDER
This is an appeal from a district court order that, in part,
denied appellant's motion for a preliminary injunction. Appellant has
submitted to this court an emergency motion to stay the district court's
order pending resolution of this appeal and to enjoin respondents from
taking certain actions (stay motion). Later the same day, respondents
filed a notice indicating that the underlying action has been removed to
the United States District Court for the District of Nevada. A copy of the
notice of removal filed in the federal court is attached to respondents'
notice. Under 28 U.S.C. § 1446(d), after the filing of a notice of removal,
and notice to this court of its filing, "the State court shall proceed no
further unless and until the case is remanded." We therefore take no
action on the pending motions and, to avoid having this appeal linger on
SUPREME COURT
OF
NEVADA
(0) 1947A (e0
our docket indefinitely, dismiss this appeal without prejudice to its
reinstatement on remand from the federal district court.
It is so ORDERED.
/ Sec, fre, J.
Hardesty
Saitta
cc: Hon. Scott N. Freeman, District Judge
Wm. Patterson Cashill, Settlement Judge
Bradley Drendel & Jeanney
Guild, Gallagher & Fuller, Ltd.
Lewis Roca Rothgerber Christie LLP/Las Vegas
Lewis Roca Rothgerber Christie LLP/Reno
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
2
(01 1947A ei9