Hansen et al v. State Farm Mutual Automobile Insurance Company et al

Filing 195

ORDER Denying without prejudice 108 Motion for Summary Adjudication of Damages. Signed by Judge Miranda M. Du on 3/8/2013. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

STEPHEN TANNER HANSEN, et al.,
Plaintiffs,

10
11
12

v.

Case No. 2:10-cv-01434-MMD-NJK
ORDER
(Motion for Summary
Adjudication of Damages – dkt. no. 108)

STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, et al.,

13
Defendants.
14
15
16

Before the Court is Defendant State Farm Fire & Casualty Company (“SFF”) and

17

State Farm Mutual Automobile Insurance Company’s (“SFA”) Motion for Summary

18

Adjudication of Damages (dkt. no. 108).

19

This case concerns an assignment of rights belonging to an insured against an

20

insurance company. The original lawsuit involving the parties to this case was filed in

21

state court in late 2004. The facts giving rise to that lawsuit and this one have been

22

described at length in this Court’s prior orders. (See, e.g., dkt. nos. 101, 176, 177.)

23

Defendants jointly move for summary adjudication on (1) Plaintiffs’ claims for

24

emotional distress damages; and (2) Plaintiffs’ claims for punitive damages. They also

25

move for the Court to determine that Plaintiffs’ recoverable damages, if any, are limited

26

to the stipulated judgments entered into with Brad and Ernest Aguilar, plus interest.

27

The Court has granted summary judgment on several of the claims brought

28

against SFF, mooting some of the arguments contained in SFF’s brief. (See dkt. no.

1

177.) Moreover, several motions are pending before this Court (though not fully briefed),

2

which may moot Defendants’ request. (See dkt. nos. 183, 186.) The Court accordingly

3

determines that it would be premature to rule on the Motion for Summary Adjudication.

4

The Motion is dismissed without prejudice. The parties may re-file the Motion in pertinent

5

part within thirty (30) days after the Court has ruled on the pending dispositive motions

6

regarding liability.

7

IT IS HEREBY ORDERED that Defendants’ Motion for Summary Adjudication of

8

Damages (dkt. no. 108) is DENIED WITHOUT PREJUDICE. Defendants may file a

9

renewed motion for summary judgment within thirty (30) days after the Court has ruled

10
11

on the pending dispositive motions regarding liability.
ENTERED THIS 8th day of March 2013.

12
13
14
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2