Scottsdale Insurance Company v. Liberty Mutual Insurance Company

Filing 90

ORDER Granting 89 Stipulated Motion to Dismiss with prejudice. The Court hereby dismisses with prejudice under Fed. R. Civ. P. 41(a)(2) all remaining claims and counterclaims in this action, including any claims for costs and attorneys fees, wi th each party to bear its own costs and attorneys fees, in recognition of Scottsdales agreement to waive any appeal in this case. This case is now terminated. Signed by Chief Judge Gloria M. Navarro on 11/4/15. (Copies have been distributed pursuant to the NEF - PS)

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IAN P. GILLAN, ESQ.
Nevada Bar No. 9034
KOELLER NEBEKER CARLSON & HALUCK, LLP
300 South Fourth Street, Suite 500
Las Vegas, NV 89101
Phone: [phone]
Fax: [phone]
GREGORY J. KERWIN, ESQ.
Nevada Bar No. 12417
GIBSON, DUNN & CRUTCHER LLP
1801 California Street, Suite 4200
Denver, Colorado 80202
Phone: [phone]
Fax: [phone]
Attorneys for Defendant,
LIBERTY MUTUAL INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CASE NO. 2:12-cv-01328-GMN-CWH

SCOTTSDALE INSURANCE COMPANY
Plaintiff/Counter-Defendant,
v.

STIPULATED MOTION TO DISMISS WITH
PREJUDICE ALL REMAINING CLAIMS
AND COUNTERCLAIMS IN THIS CASE,
INCLUDING CLAIMS FOR COSTS AND
ATTORNEYS FEES, AND STIPULATION
TO WAIVE ANY APPEAL OF THIS
COURT’S SEPTEMBER 3, 2015 ORDER
AND FINAL JUDGMENT

LIBERTY MUTUAL INSURANCE
COMPANY,

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Defendant/Counter-Plaintiff.

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Plaintiff, Scottsdale Insurance Company (“Scottsdale”) and Defendant Liberty Mutual
Insurance Company (“Liberty Mutual”), by and through their counsel, stipulate and move as
follows:
1.

In light of the Court’s September 3, 2015 Order and Final Judgment, Defendant

Liberty Mutual could file a motion seeking the award of its costs and attorney’s fees based on an
offer of judgment that it served on Scottsdale on December 18, 2013.

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Gibson, Dunn &
Crutcher LLP

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2.

Plaintiff Scottsdale could pursue an appeal to the U.S. Court of Appeals for the Ninth

Circuit of the Court’s September 3, 2015 Order and Final Judgment.
3.

To avoid the cost and uncertainty of further litigation on those issues, Liberty Mutual

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has agreed to waive any claim against Scottsdale for costs or attorney’s fees, in exchange for

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Scottsdale waiving its right to appeal the Order and Final Judgment.

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4.

Therefore the parties hereby stipulate and move that the Court enter an order

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dismissing with prejudice under Fed. R. Civ. P. 41(a)(2) all remaining claims and counterclaims in

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this action, including any claims for costs and attorney’s fees, with each party to bear its own costs

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and attorney’s fees.

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5.

In addition, the parties stipulate that Scottsdale will waive its right to appeal any of

the Court’s orders in this case including the September 3, 2015 Order and Final Judgment.

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WHEREFORE, Plaintiff and Defendant respectfully request that the Court grant this

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stipulated motion and dismiss with prejudice under Fed. R. Civ. P. 41(a)(2) all remaining claims and

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counterclaims in this action, including any claims for costs and attorney’s fees, with each party to

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bear its own costs and attorney’s fees, in recognition of Scottsdale’s agreement to waive any appeal

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in this case.

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Dated: September 14, 2015.

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Respectfully submitted,

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KOELLER, NEBEKER, CARLSON & HALUCK,
LLP

GIBSON, DUNN & CRUTCHER LLP

/s/ Ian P. Gillan
_____________________________________
Ian P. Gillan, Esq.
300 South Fourth Street, Suite 500
Las Vegas, NV 89101
Attorneys for Defendant

/s/ Gregory J. Kerwin
_________________________________
Gregory J. Kerwin, Esq.
1801 California Street, Suite 4200
Denver, CO 80202
Attorneys for Defendant

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Gibson, Dunn &
Crutcher LLP

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CHRISTIAN, KRAVITZ, DICHTER,
JOHNSON & SLUGA, LLC
/s/ Martin J. Kravitz
____________________________________
Martin J. Kravitz, Esq.
Tyler Watson, Esq.
8985 S. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Attorneys for Plaintiff

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Based on the parties’ Stipulated Motion set forth above:
1.

The Court hereby grants that Stipulated Motion.

2.

The Court hereby dismisses with prejudice under Fed. R. Civ. P. 41(a)(2) all remaining claims

and counterclaims in this action, including any claims for costs and attorney’s fees, with each party to

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bear its own costs and attorney’s fees, in recognition of Scottsdale’s agreement to waive any appeal

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in this case.

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3.

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This case is now terminated.
IT IS SO ORDERED.
November 4th, 2015
Dated: September __, 2015.

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_______________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

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Gibson, Dunn &
Crutcher LLP

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CERTIFICATE OF MAILING
The undersigned hereby certifies that on the 14th day of September, 2015, I served a copy of

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the foregoing STIPULATED MOTION TO DISMISS WITH PREJUDICE ALL REMAINING

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CLAIMS AND COUNTERCLAIMS IN THIS CASE, INCLUDING CLAIMS FOR COSTS AND

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ATTORNEYS FEES, AND STIPULATION TO WAIVE ANY APPEAL OF THIS COURT’S

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SEPTEMBER 3, 2015 ORDER AND FINAL JUDGMENT on counsel listed below through the

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Court’s ECF system:

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Martin J. Kravitz
Tyler Watson
Christian, Kravitz, Dichter, Johnson & Sluga, LLC
8985 South Eastern Avenue, Suite 200
Las Vegas, NV 89123
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff, Scottsdale Insurance Company

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s/ Gregory J. Kerwin
of Gibson, Dunn & Crutcher LLP

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Gibson, Dunn &
Crutcher LLP

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