Lexington Insurance Company v. Sierra Health Services, Inc. et al

Filing 74

ORDER that the parties shall have until January 30, 2015, to file the stipulation and proposed order of dismissal. Signed by Magistrate Judge Peggy A. Leen on 1/12/15. (Copies have been distributed pursuant to the NEF - MMM)

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Amy M. Samberg
Nevada Bar No. 10212
Justin S. Hepworth
Nevada Bar No. 10080
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
LEXINGTON INSURANCE COMPANY

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Snell & Wilmer
___________
___________

L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0

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LEXINGTON INSURANCE COMPANY, a
foreign insurance company,

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CASE NO. 2:13-cv-01176-RFB-PAL

Plaintiff,

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vs.

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HEALTH PLAN OF NEVADA, INC., a
Nevada corporation; SIERRA HEALTH
SERVICES, INC., a Nevada corporation;
SIERRA HEALTH AND LIFE INSURANCE
COMPANY, INC., a foreign corporation;
SIERRA HEALTH-CARE OPTIONS, INC., a
Nevada corporation; PRIME HEALTH, INC., a
Nevada corporation,

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Defendants.

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JOINT STATUS REPORT

AND RELATED COUNTERCLAIM.

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WHEREAS this Court previously entered a Minute Order [Dkt. No. 70] extending the

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temporary stay in this matter and requiring the parties to submit a report detailing the status of

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their settlement discussions no later than January 9, 2015.

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WHEREAS the parties have entered into a Confidential Settlement Agreement and
Release that will resolve this litigation.

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WHEREAS the parties previously submitted a proposed Stipulation and Order to Release

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Deposited Funds [Dkt. No. 71] for consideration by the Court. Upon entry of an order releasing

16107385

SF: 202965-1

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to Defendant Health Plan of Nevada, Inc. the $2 million limit of insurance under Lexington

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Physicians and Surgeons Professional Liability Policy No. 7157607 which was deposited with the

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Clerk of the Court on July 23, 2013 (see Certificate of Cash Deposit [Dkt. No. 7]), plus any

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interest which has accrued thereon and less any administrative fees, the parties will file a

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stipulation and order to dismiss this case with prejudice.

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DATED this 8th day of January, 2015.

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DATED this 8th day of January, 2015.

SNELL & WILMER L.L.P.

COVINGTON & BURLING LLP

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Snell & Wilmer
___________
___________

L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0

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By: /s/ Justin S. Hepworth
Amy M. Samberg, NV Bar No. 10212
Justin S. Hepworth, NV Bar No. 10080
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169

By: /s/ M. Alexia dePottere-Smith, Esq.
David B. Goodwin, Esq.
M. Alexia dePottere-Smith, Esq.
One Front Street, 35th Floor
San Francisco, CA 94111

Attorneys for Plaintiff
Lexington Insurance Company

Daniel Polsenberg, NV Bar No. 2376
Joel D. Henriod, NV Bar No. 8492
LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Pkwy., Suite 600
Las Vegas, NV 89169

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Attorneys for Defendants Health Plan
of Nevada, Inc., SierraHealth Services,
Inc., SierraHealth and Life Insurance
Company, Inc., SierraHealth-Care
Options, Inc., and Prime Health, Inc.

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The stipulation to release funds having been approved and entered,

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IT IS ORDERED that the parties shall have until January 30, 2015, to file the
stipulation and proposed order of dismissal
DATED this 12th day of January, 2015.

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______________________________
Peggy A. Leen
United States Magistrate Judge

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