Andrew et al v. Century Surety Company

Filing 207

Notice of Intent to Reconsider and Order Setting Hearing. IT IS THEREFORE ORDERED that oral argument on 192 Defendants motion for Summary Judgment, 194 Plaintiffs Motion for Summary Judgment, and 197 Plaintiffs Motion to Strike, and this Noti ce of Intent to Reconsider will be held on Thursday, September 17, 2015 on a stacked calendar at 2:00 p.m. at the Thomas & Mack Moot Court Room at UNLVs Boyd School of Law. Signed by Judge Andrew P. Gordon on 9/2/15. (Copies have been distributed pursuant to the NEF - PS)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4
5

DANA ANDREW, as legal guardian on
behalf of Ryan T. Pretner, and RYAN T.
PRETNER,

6
7
8
9

Plaintiffs,

Case No. 2:12-cv-00978-APG-PAL
NOTICE OF INTENT TO
RECONSIDER AND ORDER SETTING
HEARING

v.
CENTURY SURETY COMPANY,

(DKT. #192, #194, #197)

Defendant.

10
11

I have reconsidered a portion of my prior order (Dkt. #168) regarding whether defendant

12

Century Surety Company is bound by the default judgment entered in the underlying litigation,

13

and whether Allstate Insurance Co. v. Pietrosh, 454 P.2d 106 (Nev. 1969) and its progeny apply

14

in the general liability context. On reconsideration, I am inclined to rule that Century is bound by

15

the default judgment’s findings on liability and damages (capped at $1 million because there was

16

no bad faith). But Century may challenge the binding nature of the default judgment if it was

17

obtained through fraud or collusion.

18

IT IS THEREFORE ORDERED that oral argument on defendant’s motion for summary

19

judgment (Dkt. #192), plaintiffs’ motion for summary judgment (Dkt. #194), plaintiffs’ motion to

20

strike (Dkt. #197), and this Notice of Intent to Reconsider will be held on Thursday, September

21

17, 2015 on a stacked calendar at 2:00 p.m. at the Thomas & Mack Moot Court Room at

22

UNLV’s Boyd School of Law.

23

DATED this 2nd day of September, 2015.

24
25
26
27
28

ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE