Travelers Property Casualty Company of America v. Amica Mutual Insurance Company

Filing 20

ORDER Granting 19 Stipulation. Signed by Magistrate Judge Carl W. Hoffman on 3/2/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-01420-APG-CWH Document 19 Filed 03/01/16 Page 1 of 2

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Amy M. Samberg
Nevada Bar No. 10212
FORAN GLENNON PALANDECH PONZI & RUDLOFF PC
7455 Arroyo Crossing, Suite 220
Las Vegas, Nevada 89113
Telephone: [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Plaintiff Travelers Casualty Insurance
Company of America

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7455 Arroyo Crossing, Suite 22 0
Las Vegas, Nev ada 8911 3

IN THE UNITED STATES DISTRICT COURT

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FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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FOR THE DISTRICT OF NEVADA

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TRAVELERS CASUALTY INSURANCE
COMPANY OF AMERICA,
Plaintiff,

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Case No. 2:15-cv-01420-APG-CWH

v.
AMICA MUTUAL INSURANCE
COMPANY,

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Defendant.

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Whereas Plaintiff Travelers Casualty Insurance Company of America (“Travelers”) filed its

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Complaint [Dkt. No. 1] against Defendant Amica Mutual Insurance Company (“Amica”) seeking

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a declaration of rights various insurance policies and other agreements, and for contribution from

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Amica for a proportional share of the amount Travelers paid towards a settlement in underlying

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litigation.

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Whereas Amica filed its Motion to Dismiss Pursuant to FRCP 12(b)(6) for Failure to State

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a Claim [Dkt. No. 8] (“Motion to Dismiss”) in which it argues (1) Travelers’ claims are barred by

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the applicable statute of limitation and (2) Travelers is not entitled to contribution pursuant to the

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terms of the various contracts among the parties.

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Whereas a resolution of Amica’s Motion to Dismiss will likely resolve this matter either in
favor of Amica or in favor of Travelers without the need for substantive discovery.

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Case 2:15-cv-01420-APG-CWH Document 19 Filed 03/01/16 Page 2 of 2

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Whereas the Motion to Dismiss is fully briefed and remains pending before the Court.

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Whereas Travelers and Amica agree that any further discovery should be stayed pending

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resolution of the Motion to Dismiss.

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Whereas Travelers and Amica further agree to submit a discovery plan and proposed

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scheduling order within 30 days after entry of a decision on the Motion to Dismiss in the event this

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matter is not resolved.

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DATED this 1st day of March, 2016.

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FORAN GLENNON PALANDECH
PONZI & RUDLOFF

7455 Arroyo Crossing, Suite 22 0
Las Vegas, Nev ada 8911 3

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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DATED this 1st day of March, 2016.

By:

/s/ Justin S. Hepworth

PATTON & KIRALY, P.C.

By: ___/s/ W. Randolph Patton

Amy M. Samberg, Esq.
Nevada Bar No. 10212
Justin S. Hepworth, Esq.
Nevada Bar No. 10080
7455 Arroyo Crossing, Suite 220
Las Vegas, Nevada 89113

W. Randolph Patton, Esq.
Nevada Bar No. 000365
3016 West Charleston Blvd., Ste 195
Las Vegas, NV 89101
Attorney for Amica Mutual Insurance
Company

Attorneys for Travelers Property
Casualty Company of America
ORDER

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IT HEREBY ORDERED that any further discovery should be stayed pending resolution

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of the Motion to Dismiss.

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IT IS FURTHER ORDERED that the parties shall submit a discovery plan and proposed

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scheduling order within 30 days after entry of a decision on the Motion to Dismiss in the event

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this matter is not resolved in its entirety.

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DATED this _____ 2016 February, 2016.
March 2, day of

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DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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