Chartis Specialty Insurance Company v. APCO Construction et al

Filing 147

ORDER that 146 Motion to Further Extend Stay is GRANTED. This matter is stayed in its entirety until March 1, 2015, or until the stipulation for dismissal is filed in this case, whichever occurs first. Signed by Magistrate Judge Nancy J. Koppe on 10/28/14. (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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CHARTIS SPECIALTY INSURANCE CO.
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SPECIALTY LINES INSURANCE CO.,
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Plaintiff,
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vs.
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APCO CONSTRUCTION, et. al.
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Defendants.
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Case No. 2:13-cv-00361-APG-NJK
ORDER
(Docket No. 146)

Pending before the Court is Plaintiff’s Motion to Further Extend Stay. Docket No. 146. The

18 Court finds this matter properly resolved without oral argument. See Local Rule 78-2.
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The Court has inherent power to control its docket, including the discretion to stay proceedings.

20 Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). The determination of whether to stay proceedings
21 is best determined by weighing the competing interests of the parties and of the Court. Id.
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“Among those competing interests are the possible damage which may result from
the granting of a stay, the hardship or inequity which a party may suffer in being
required to go forward, and the orderly course of justice measured in terms of the
simplifying or complicating of issues, proof, and questions of law which could be
expected to result from a stay.”

25 Lockyer v. Mirant Corp., 398 F.3d 1098, 1110 (9th Cir. 2005); citing Landis, 299 U.S. at 268.
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Here, Plaintiff submits that, during the previously-imposed Stay period, “a settlement was

27 negotiated and agreed to that globally resolves this action, the Underlying Action, and the bankruptcy
28 proceeding filed by Gemstone LVS, LLC ...” Docket No. 146, at 3. The parties need more time,

1 however, in order to make the payments necessary to fund the settlement, which Plaintiff submits will
2 occur on or about December 1, 2014, and to file dismissals of all claims asserted in all actions, including
3 the instant case, which Plaintiff asserts will occur within approximately thirty business days of the last
4 settlement payment. Id. Plaintiff therefore asks the Court to further extend the stay in this matter to
5 March 1, 2015, in order to allow the parties to complete these tasks. Id.
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Based on the foregoing, and good cause appearing therefore,

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IT IS ORDERED that Plaintiff’s Motion to Further Extend Stay, Docket No. 146, is

8 GRANTED. This matter is stayed in its entirety until March 1, 2015, or until the stipulation for
9 dismissal is filed in this case, whichever occurs first.
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IT IS SO ORDERED.

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DATED: October 28, 2014.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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