Geico Indemnity Company v. Goldstein
ORDER. IT IS THEREFORE ORDERED 15 Motion to Dismiss is DENIED as moot. IT IS FURTHER ORDERED that 17 Motion for Summary Judgment is DENIED without prejudice. Signed by Judge Andrew P. Gordon on 3/31/16. (Copies have been distributed pursuant to the NEF - TR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GEICO INDEMNITY COMPANY,
STEVEN GOLDSTEIN, et al.,
GEICO INDEMNITY COMPANY,
Lead Case: 2:15-cv-00340–APG–PAL
ORDER DENYING DEFENDANT’S
MOTION TO DISMISS AND DENYING
GEICO’S MOTION FOR SUMMARY
JUDGMENT WITHOUT PREJUDICE
(Dkt. #15, #17)
Member Case: 2:15-cv-00485–APG–PAL
CAROLYN MANN, et al.,
Thomas Meyers and David Mann died in a car accident, which resulted in two lawsuits
that are now consolidated here. The first lawsuit (Case No. 2:15-cv-00340) is a declaratory relief
action brought by GEICO against Steven Goldstein, the administrator of Meyer’s estate.
Goldstein moved to dismiss GEICO’s complaint, arguing that GEICO’s claim sounds in tort and
is not the proper subject of a declaratory relief action. (Dkt. #15.) Shortly thereafter, GEICO
moved for summary judgment on its declaratory relief claim. (Dkt. #17.) The second lawsuit
(Case No. 2:15-cv-00485) asserts breach-of-contract and tort claims by Mann’s wife against
GEICO. Mann’s lawsuit was consolidated with GEICO’s declaratory relief action after the two
pending motions were filed.
Because Mann’s claims have been consolidated with GEICO’s declaratory relief action, I
deny Goldstein’s motion to dismiss as moot. And because GEICO moved for summary judgment
before the two actions were consolidated, Mann did not have an opportunity to file an opposition
to GEICO’s motion. Given the intertwined nature of the two lawsuits and the relief sought,
fairness dictates that Mann be allowed a chance to oppose GIECO’s motion. Thus, I deny
GEICO’s motion for summary judgment without prejudice.
IT IS THEREFORE ORDERED that Steven Goldstein’s motion to dismiss (Dkt. #15) is
DENIED as moot.
IT IS FURTHER ORDERED that GEICO’s motion for summary judgment (Dkt. #17) is
DENIED without prejudice. GEICO may refile the motion, or file an updated version, if it
DATED this 31st day of March, 2016.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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