Liberty Mutual Insurance Group v. Panelized Structures, Inc.

Filing 194

ORDER denying 191 Motion for Reconsideration. Further, under Fed. R. Civ. P 56(f) and for the reasons articulated in its prior Order, the Court grants summary judgment on Plaintiffs claims in favor of Defendant Panelized Structures, Inc.. As this Order renders Defendants other pending Motions ( 181 Motion for Partial Summary Judgment and 190 Motion for Leave to File) moot, those Motions are also DENIED.The Clerk is instructed to close this case. Signed by Judge Miranda M. Du on 4/18/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LIBERTY MUTUAL INSURANCE GROUP,

Case No. 2:10-cv-01951-MMD-PAL

Plaintiff,

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v.

ORDER

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PANELIZED STRUCTURES, INC., ET AL.,
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Defendants.
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PANELIZED STRUCTURES, INC.,
Counterclaimant,
v.
LIBERTY MUTUAL INSURANCE GROUP,
LM INSURANCE CORPORATION, and
LIBERTY MUTUAL INSURANCE
GROUP/BOSTON,
Counterdefendants.

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PANELIZED STRUCTURES, INC.,

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Third-Party Plaintiff,
v.
ARIZONA LABOR FORCE, INC., an Arizona
corporation, dba ALLIED FORCES
TEMPORARY SERVICES,
Third-Party Defendant.

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Before the Court are Plaintiff LM Insurance Corporation’s Response to Order [Dkt.

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No. 189) and Motion to Reconsider (dkt. no. 191) (“Response to Order”), and Defendant

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Panelized Structures, Inc.’s Motion for Partial Summary Judgment (dkt. no. 181) and

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Motion for Leave to File Dispositive Motion After Expiration of Time Period in Scheduling

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Order (dkt. no. 190).

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On March 25, 2013, the Court entered an Order (dkt. no. 189) denying Plaintiff’s

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Motion for Summary Judgment (dkt. no. 129) finding that, given the undisputed facts,

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Plaintiff was not entitled to judgment as a matter of law. Under Fed. R. Civ. P. 56(f), the

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Court expressed its intention to enter summary judgment for Defendant Panelized

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Structures, Inc. and provided the parties an opportunity to respond. Plaintiff then filed its

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Response to Order urging the Court not to grant summary judgment for Defendant and

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further explaining the arguments presented in its original motion. Defendant responded

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by filing a motion seeking leave to file a separate Motion for Summary Judgment.

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As Plaintiff presented no new facts or arguments in its Response to Order, the

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Court DENIES Plaintiff’s request for reconsideration. Further, under Fed. R. Civ. P 56(f)

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and for the reasons articulated in its prior Order, the Court grants summary judgment on

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Plaintiff’s claims in favor of Defendant Panelized Structures, Inc. As this Order renders

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Defendant’s other pending Motions (dkt. nos. 181 and 190) moot, those Motions are also

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DENIED.

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The Clerk of the Court is instructed to close this case.

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IT IS SO ORDERED.

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DATED THIS 19th day of April 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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