Interestingly (for you legal types) Allegiant's motion to remove was not based on diversity, but solely on the argument that the U.S. district court has original jurisdiction. This could backfire on Allegiant.
Just a short follow-up on this case. The U.S. District Court rejected Allegiant's arguments on federal jurisdiction. The case has been sent back (remanded) to the Nevada State court, a win for Captain Kinzer.
Allegiant has refiled its "Motion to Dismiss" at the Nevada state court. Due to the usual court system backlog, the next set of activities is likely not until the end of August. The case is long from over and Allegiant will be happy to let it drag out.
Incidentally the presiding state judge is up for re-election in November...