Everest Indemnity Insurance Company v. Aventine-Tramoni Homeowners Association, et al.,

Filing 342

ORDER Denying 329 Motion for District Judge to Reconsider Order. Signed by Chief Judge Robert C. Jones on 5/11/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVEREST INDEMNITY INSURANCE CO.,
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Plaintiff,
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vs.
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AVENTINE-TRAMONTI HOMEOWNERS
ASS’N et al.,

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Defendants.

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2:09-cv-01672-RCJ-RJJ
ORDER

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This is an interpleader action arising out of claims and potential claims by approximately

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sixty Defendants against Plaintiff Everest Indemnity Insurance Co. (“Everest”). The Court has

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granted Everest’s motion for summary judgment against the Counterclaim of Rising Sun

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Plumbing, LLC (“Rising Sun”) but has denied Everest’s motion for sanctions against Rising Sun

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pursuant to Rule 11 for having brought the Counterclaim. The Court ruled that Everest’s duty to

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defend Rising Sun (and its other insureds) was discharged via Everest’s interpleader of the full

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amount remaining under the “burning limits” policy, and that the insureds need have applied to

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the Court to reach those funds for their defenses while any amount of the funds was still

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remaining. Rising Sun has asked the Court to reconsider. The motion includes no new facts or

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law but simply reargues the issues. The Court declines to reconsider.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Reconsider (ECF No. 329) is DENIED.

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IT IS SO ORDERED.

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Dated this 26th day of of May, 2012.
DATED this 11th dayMarch, 2012.

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_____________________________________
ROBERT C. JONES
United States District Judge

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