Camino Properties, LLC v. Insurance Company of the West

Filing 89

ORDER Granting 82 Stipulation. Signed by Judge Andrew P. Gordon on 2/18/16. (Copies have been distributed pursuant to the NEF - TR)

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Case 2:13-cv-02262-APG-CWH Document 82 Filed 02/18/16 Page 1 of 4 1 2 3 4 5 6 7 8 AND 12 13 Attorneys for Insurance Company of the West 10 THE FAUX LAW GROUP Attorneys for Insurance Company of the West DAVID C. VEIS, ESQ. Admitted Pro Hac Vice ROBINS KAPLAN LLP 2049 Century Park East, Suite 3400 Los Angeles, CA 90067 Telephone: (310) 552-0130 Facsimile: (310) 229-5800 Email: dveis@robinskaplan.com 9 1540 W. WARM SPRINGS ROAD, SUITE 100 HENDERSON, NEVADA 89014 TEL. (702) 458-5790 KURT C. FAUX, ESQ. Nevada Bar No. 003407 JORDAN FAUX, ESQ. Nevada Bar No. 012205 THE FAUX LAW GROUP 1540 W. Warm Springs Road, #100 Henderson, Nevada 89014 Telephone: (702) 458-5790 Facsimile: (702) 458-5794 Email: kfaux@fauxlaw.com jfaux@fauxlaw.com 11 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 CAMINO PROPERTIES, LLC, a foreign limited liability company, STIPULATION AND ORDER Plaintiff, 18 19 20 21 22 Case No.: 2:13-cv-02262-APG-CWH v. INSURANCE COMPANY OF THE WEST, a California company, DOES INDIVIDUALS 1 through 100, inclusive; ROE ENTITIES 1 through 100, inclusive, BOE BONDING COMPANIES 1 through 100, inclusive, Defendants. 23 Pursuant to LR-7.1, Plaintiff Camino Properties, LLC (“Camino”) and Defendant Insurance 24 Company of the West (“ICW”), by and through their respective counsel, propose the following 25 stipulation for the Court’s approval: 26 Camino filed three motions in limine. (Dkt. ##74, 75, 76.) 27 The Honorable United States District Judge Andrew P. Gordon ordered the parties to meet and 28 -161174636.1 STIPULATION AND ORDER Case No.: 2:13-cv-02262-APG-CWH Case 2:13-cv-02262-APG-CWH Document 82 Filed 02/18/16 Page 2 of 4 1 confer about the substance of Camino’s motions in limine. (Dkt. #77.) 2 The parties met and conferred as ordered. 3 The parties agree that a few of the prophylactic goals of the motions in limine may be obtained 4 by incorporating their agreements into a stipulation and proposed order for the Court’s consideration. 5 The parties agree as follows: 6 A. Camino will withdraw its motions in limine nos. 1 and 2 (Dkt. ## 74, 75); 7 B. Camino filed a certificate (Dkt. #78) that the parties have conferred in good faith in 8 regard to the substance of its motion in limine no. 3 (Dkt. #76), and the parties were 9 unable to reach an agreement concerning the same. THE FAUX LAW GROUP 1540 W. WARM SPRINGS ROAD, SUITE 100 HENDERSON, NEVADA 89014 TEL. (702) 458-5790 10 ICW filed an opposition to Camino’s motion in limine no. 3 (Dkt. #79); 11 C. Camino and ICW agree that (1) evidence regarding Charles Sprincin’s financial 12 condition will be precluded from being offered as evidence at trial in this matter; (2) 13 evidence regarding the profitability of Camino Properties, LLC will be precluded from 14 being offered as evidence at trial in this matter; and (3) Mr. Schwartz testimony will be 15 limited to testimony concerning ICW’s procedures for reviewing, investigating, 16 resolving, negotiating, and/or satisfying claims against a bond similar to the bond 17 issued by ICW. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -261174636.1 STIPULATION AND ORDER Case No.: 2:13-cv-02262-APG-CWH Case 2:13-cv-02262-APG-CWH Document 82 Filed 02/18/16 Page 3 of 4 1 Based on the foregoing, the parties respectfully request the Court enter an order (1) precluding 2 from trial evidence regarding Charles Sprincin’s financial condition and the profitability of Camino 3 Properties, LLC; and (2) limiting the scope of Mr. Schwartz’s testimony to concern only ICW’s 4 customary procedure for reviewing, investigating, resolving, negotiating, and/or satisfying claims 5 against a bond similar to the bond issued by ICW. 6 7 Dated this 18th day of February, 2016. THE FAUX LAW GROUP GORDON REES By: /s/ Jordan Faux Kurt C. Faux, Esq. Attorneys for Insurance Company of the West By: /s/ Brian K. Walters Robert E. Schumacher, Esq. John M. Ludwig, Esq. Brian K. Walters, Esq. Attorneys for Plaintiff 8 9 THE FAUX LAW GROUP 1540 W. WARM SPRINGS ROAD, SUITE 100 HENDERSON, NEVADA 89014 TEL. (702) 458-5790 10 11 12 ORDER 13 14 IT IS SO ORDERED 15 DATED: February 18, 2016. 16 _____________________________ 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 -361174636.1 STIPULATION AND ORDER Case No.: 2:13-cv-02262-APG-CWH

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