Olin Corporation et al v. Continental Casualty Company et al

Filing 196

ORDER Denying without prejudice 148 Motion for Summary Judgment. FURTHER ORDERED that Motions for Partial Summary Judgment 149 , 150 , and 151 are DENIED without prejudice. FURTHER ORDERED that 161 Motion for Leave to File Excess Pages is DENIED as moot. FURTHER ORDERED that 195 Motion for Hearing is DENIED as moot. Signed by Judge Gloria M. Navarro on 7/12/12. (Copies have been distributed pursuant to the NEF - MMM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6
7
8
9
10
11
12
13

OLIN CORPORATION and PIONEER
)
AMERICAS LLC D/B/A OLIN CHLOR )
ALKALI PRODUCTS,
)
)
Plaintiffs,
)
vs.
)
)
CONTINENTAL CASUALTY
)
COMPANY; FACTORY MUTUAL
)
INSURANCE COMPANY; ZURICH
)
AMERICAN INSURANCE COMPANY; )
ZURICH INSURANCE IRELAND LTD.; )
NATIONAL UNION FIRE INSURANCE )
COMPANY OF PITTSBURGH,
)
PENNSYLVANIA; and ACE
)
AMERICAN INSURANCE COMPANY, )
)
Defendants.
)

Case No.: 2:10-cv-00623-GMN-RJJ
ORDER

14
15

This is an insurance contract action originally filed by Plaintiffs Olin Corporation

16

and Pioneer Americas LLC d/b/a Olin Chlor Alkali Products (“Plaintiffs” or “Olin

17

Corporation”) (ECF No. 1), and later consolidated with the insurance contract action filed

18

by Defendant Continental Casualty Company (“Continental Casualty”) (ECF No. 1, Case

19

No. 10-cv-01298-GMN-PAL). (See Order, April 6, 2011, ECF No. 120.)

20

Pending before the Court are the various motions for summary judgment and

21

partial summary judgment filed by Defendants Factory Mutual Insurance Company,

22

Zurich American Insurance Company, National Union Fire Insurance Company of

23

Pittsburgh Pennsylvania, and Ace American Insurance Company (collectively, “Property

24

Insurers”), and by Defendant Continental Casualty Company (“Continental Casualty”).

25

(ECF Nos. 148, 157, 153, 155, 156, 149, 150, 151.)

Page 1 of 4

1

Also before the Court is the Motion for Leave to File Excess Pages (ECF No. 161)

2

filed by Plaintiffs Olin Corporation, and the Motion for Hearing (ECF No. 195) filed by

3

Defendant Continental Casualty.

4

I. BACKGROUND

5

Plaintiffs Olin Corporation filed the Complaint (ECF No. 1) against Defendants on

6

April 29, 2010. Defendant Zurich Ireland Ltd. was dismissed from this action by

7

stipulation in October 2010. (ECF No. 68.) The Property Insurers Defendants filed an

8

Answer (ECF No. 22) and a First Amended Answer (ECF No. 37), and Defendant

9

Continental Casualty filed an Answer (ECF No. 123). Plaintiffs have not filed an Answer

10
11

to Continental Casualty’s Complaint (ECF No. 1, Case No. 10-cv-01298-GMN-PAL).
Defendant Continental Casualty filed a Motion for Summary Judgment (ECF No.

12

148), a Memorandum in Support (ECF No. 157), and a Memorandum of Law and

13

Statement of Undisputed Material Facts (ECF No. 153) that total thirty-seven pages, and

14

Exhibits that total two thousand six hundred and sixty-six pages (ECF Nos. 153, 155,

15

156). The remaining Defendants filed a five-page Response to Continental Casualty’s

16

motion (ECF No. 160), as well as three documents styled as motions for partial summary

17

judgment (ECF Nos. 149, 150, 151) that total seventy-nine pages, with Exhibits that total

18

one thousand one hundred and sixteen pages (ECF Nos. 152, 154) and Supplements that

19

total forty-two pages (ECF Nos. 189-190).

20

As a result, Plaintiffs Olin Corporation filed a Motion for Leave to File Excess

21

Pages (ECF No. 161) in opposition to Defendant Continental Casualty’s motion, with a

22

total of eighty-four pages, and Exhibits totaling one thousand six hundred and seventeen

23

pages (ECF Nos. 167-173). Plaintiffs Olin Corporation also filed three Responses to the

24

motions for partial summary judgment that total seventy-six pages (ECF Nos. 164-166).

25

Page 2 of 4

1
2
3
4

Collectively, Defendants filed ninety-three pages in Reply to the various
opposition briefs (ECF Nos. 184-188).
The total number of pages for the documents described above is five thousand six
hundred and nineteen pages.

5

II. LEGAL STANDARD

6

Local Rule 7-4 of the Local Rules of Civil Practice for the District of Nevada

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

provides:
Unless otherwise ordered by the Court, pretrial and post-trial briefs and
points and authorities in support of, or in response to, motions shall be
limited to thirty (30) pages including the motion but excluding exhibits.
Reply briefs and points and authorities shall be limited to twenty (20)
pages, excluding exhibits. Where the Court enters an order permitting a
longer brief or points and authorities, the papers shall include a table of
contents and table of authorities.
III. DISCUSSION
Here, Defendants either neglected to observe the requirements of Local Rule 7-4,
or chose to ignore the rule and instead circumvent the purpose of the rule by filing
multiple documents for the same motion. The only parties to observe the rule are
Plaintiffs, who filed their Motion for Leave to File Excess Pages (ECF No. 161) after
receiving Defendants’ motions that were in excess of the page limits. No Defendant
requested leave to file excess pages or gave an explanation of good cause as to why
excess pages are necessary.
Accordingly, the Court will deny without prejudice all of Defendants’ motions for
summary judgment, with leave to re-file according to Local Rule 7-4. If Defendants wish
to re-file the motions in excess of the page limits, Defendants may file a motion
requesting leave to file excess pages, with an explanation of why good cause exists to
grant the motion.

Page 3 of 4

As a result, Plaintiffs’ Motion for Leave to File Excess Pages (ECF NO. 161) will

1
2

be denied as moot.

3

Because Defendant Continental Casualty’s Motion for Hearing (ECF No. 195)

4

relates to the motion for summary judgment, the Motion for Hearing will be denied as

5

moot.

6

IV. CONCLUSION

7

IT IS HEREBY ORDERED that Defendant Continental Casualty’s Motion for

8
9
10
11
12
13
14

Summary Judgment (ECF No. 148) is DENIED without prejudice.
IT IS FURTHER ORDERED that Defendants Property Insurers’ motions for
partial summary judgment (ECF Nos. 149, 150, 151) are DENIED without prejudice.
IT IS FURTHER ORDERED that Plaintiffs’ Motion for Leave to File Excess
Pages (ECF No. 161) is DENIED as moot.
IT IS FURTHER ORDERED that Defendant Continental Casualty’s Motion for
Hearing (ECF No. 195) is DENIED as moot.

15
16

12
DATED this _____ day of July, 2012.

17
18

_________________________
Gloria M. Navarro
United States District Judge

19
20
21
22
23
24
25

Page 4 of 4