Assurance Company of America et al v. National Fire & Marine Insurance Company

Filing 56

ORDER Denying 8 Motion for Partial Summary Judgment without Prejudice. Signed by Judge James C. Mahan on 7/26/10. (Copies have been distributed pursuant to the NEF - ASB)

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Assurance Company of America et al v. National Fire & Marine Insurance Company Doc. 56 1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge ASSURANCE CO. OF AMERICA, et al., Plaintiffs, v. NATIONAL FIRE & MARINE INS. CO., Defendant. 2:09-CV-1182 JCM (PAL) ORDER Presently before the court is plaintiff Assurance Company of America's partial motion for summary judgment. (Doc. #8). On September 22, 2009, the motion was stayed pending resolution of defendant National Fire & Marine Insurance Company's motion to dismiss. (Doc. #15). Although the motion to dismiss was denied, the stay on the partial motion for summary judgment was continued. (Doc. #25). Plaintiff filed a motion to lift the stay (Doc. #35), which the court denied (doc. #40). Accordingly, the motion for partial summer judgment (Doc #8) is denied at this time. Once this court lifts the stay, and determines the parties may address the merits of a motion for summary judgment, the plaintiff may re-file its motion for partial summary judgment. ... ... ... Dockets.Justia.com 1 2 3 4 5 6 Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that plaintiff's motion for partial summary judgment (Doc. #8) be, and the same hereby is DENIED without prejudice. DATED July 26, 2010. UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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