Property Casualty Insurance Company of Hartford v. A.O. Smith Corporation

Filing 86

ORDER.IT IS HEREBY ORDEREDthat 65 LY, Inc.'s Motion for Good Faith Settlement Determination is GRANTED. All claims against LY, Inc. are DISMISSED with prejudice, and the hearing on this motion scheduled for 2/24/17, is VACATED. A.O. Smith and Hartford's settlement moots all other pending motions, so I deny them 78 , 83 as moot and without prejudice to the parties' ability to refile these motions in the event that the settlement is not completed. A.O. and Hartford have until 2/28/17, to file a stipulation and order dismissing the remaining claims. Signed by Judge Jennifer A. Dorsey on 2/13/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Property Casualty Insurance Company of
Hartford,
Plaintiff

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v.

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A.O Smith Corporation; L.Y. Inc., dba
Residential Service Center,

Case No.: 2:15-cv-01678-JAD-CWH
Order Granting Unopposed Motion for
Determination of Good Faith Settlement,
Denying All Other Pending Motions As Moot,
and Vacating 2/24/17 hearing
ECF Nos. 65, 78, 83

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Defendants

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In this coverage dispute, LY, Inc., DBA Residential Service Center moves for a

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determination that its $5,000 settlement with the plaintiff was entered in good faith, entitling LY to

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the protections of NRS 17.245. Although A.O. Smith originally opposed the motion,1 it too has now

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settled with Hartford, so it withdrew its opposition,2 leaving this motion for good-faith-settlement

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determination unopposed. Having reviewed the motion and its exhibits, and finding good cause and

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that the factors articulated by the Nevada Supreme Court in Velsicol Chemical v. Davidson3 balance

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in favor of concluding that the LY settlement was entered in good faith, IT IS HEREBY ORDERED

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that LY, Inc.’s Motion for Good Faith Settlement Determination [ECF No. 65] is GRANTED. All

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claims against LY, Inc. are DISMISSED with prejudice, and the hearing on this motion

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scheduled for February 24, 2017, is VACATED.

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A.O. Smith and Hartford’s settlement moots all other pending motions, so I deny them

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[ECF No. 78, 83] as moot and without prejudice to the parties’ ability to refile these motions in the

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...

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See ECF No. 67.

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ECF No. 85.

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Velsicol Chemical v. Davidson, 811 P.2d 561, 563 (Nev. 1991).

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event that the settlement is not completed. A.O. and Hartford have until February 28, 2017, to file a

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stipulation and order dismissing the remaining claims.

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DATED: February 13, 2017
_________________________________
________________________
_ ___ _ __ _
_
JENNIFER A. DORSEY
NIFER DORSEY
F
R Y
UNITED STATES DISTRICT JU
TED STATES DISTRICT JUDGE
D STAT
TR CT