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James v. Trilogy Corp.

United States District Court, D. Hawaii

January 25, 2018

DAVID C. JAMES, JR., Plaintiffs,
v.
TRILOGY CORPORATION, a foreign corporation, dba TRILOGY EXCURSIONS, DOES 1-10 and ROE CORPORATION 1-10, inclusive, Defendants.

          ALVERSON, TAYLOR, MORTENSEN & SANDERS DAVID J. MORTENSEN, ESQ. Nevada Bar No. 2547 MARJORIE E. KRATSAS, ESQ. Nevada Bar No. 12934 Attorneys for Defendant Trilogy Corporation d/b/a Trilogy Excursions

          CLOUSER HEMPEN WASICK LAW GROUP, LTD. JUSTIN M. CLOUSER, ESQ. Nevada Bar No.2678 Attorney for Plaintiff

          STIPULATION AND ORDER TO TRANSFER TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

         Subject to the approval of the Court, the parties, by and through their undersigned counsel, hereby submit this Stipulation and Order to Transfer Case to the United States District Court for the District of Hawaii.

         STIPULATION

         1. WHEREAS, Plaintiff DAVID C. JAMES, JR., (“Plaintiff”) filed his Complaint for general negligence against Defendant TRILOGY CORPORATION, a foreign corporation, dba TRILOGY EXCURSIONS (“Defendant”), in the Ninth Judicial District of the State of Nevada, County of Douglas, on August 10, 2017.

         2. WHEREAS, Plaintiff alleged that on August 11, 2015, Plaintiff was on a boat operated by Defendant in the waters in Hawaii. Plaintiff alleged he sustained injuries while on the boat excursion and that he received medical treatment at Maui Medical Center, in Hawaii. Plaintiff alleged that he returned to Nevada following the incident to continue his medical care. See generally, Plaintiff's Complaint.

         3. WHEREAS, Defendant has represented to Plaintiff that Defendant is a corporation duly incorporated in the state of Hawaii, with its principal place of business in Lahaina, Hawaii. Defendant is a charter boat company which operates charter/tour vessels strictly within the state of Hawaii.

         4. WHEREAS, Defendant has represented to Plaintiff that Defendant has not appointed an agent for service of process in the state of Nevada.

         5. WHEREAS, Defendant has represented to Plaintiff that Defendant has no officers, directors or employees residing or domiciled in the state of Nevada, nor is Defendant contracted with persons residing in the state of Nevada to act on any of their behalves with respect to marketing Defendant's services.

         6. WHEREAS, Defendant has represented to Plaintiff that Defendant does not have any offices or comparable facilities in the state of Nevada nor does Defendant have any telephone listings or mailing addressed in the states of Nevada.

         7. WHEREAS, Defendant has represented to Plaintiff that Defendant does not have any bank accounts or other tangible, personal property in the state of Nevada.

         8. WHEREAS, Defendant has represented to Plaintiff that Defendant does not own or lease any real property in the state of Nevada.

         9. WHEREAS, Defendant has represented to Plaintiff that Defendant does not ship or transport products, goods or services into the state of Nevada.

         10. WHEREAS, Defendant has represented to Plaintiff that Defendant does not direct any of its advertising specifically toward the state of Nevada, nor does it advertise in any ...


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