PARLER LLC NDMASCENDANT LLC MARK MECKLER DAN BONGINO AND REBEKAH MERCER v. JOHN MATZE AN INDIVIDUAL (2024)

ORDER DISMISSING APPEAL

This is an appeal from interlocutory district court orders denying anti-SLAPP motions to dismiss. Eighth Judicial District Court, Clark County; Mark R. Denton. Judge.

On May 17, 2024, appellant Parler, LLC notified this court that it filed a petition for relief under the Bankruptcy Code, and that the underlying district court case has been removed to the United States District Court for the District of Nevada. Parler attached the notice of removal of the underlying district court case to the notice of removal filed in this court. 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.” This court can no longer proceed with the matter commenced “until the federal court decides whether it will retain jurisdiction or not.” Nixon v. Wheatley, 368 F. Supp. 2d 635, 640 (E.D. Tex. 2005). Accordingly, this court takes no action on Parler's notice of suggestion of bankruptcy, and to avoid having this appeal linger on this court's docket indefinitely, this court dismisses this appeal without prejudice to appellants’ right to move for its reinstatement within 30 days of any remand from the federal district court, if deemed appropriate.

It is so ORDERED.

Herndon, J.

Lee, J.

Bell, J.