Sica v. Progressive Direct Insurance Company

Filing 25

ORDER Granting 24 Stipulation of Dismissal as to Extra Contractual Claims. Signed by Chief Judge Gloria M. Navarro on 1/12/17. (Copies have been distributed pursuant to the NEF - ADR)

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2 3 4 5 STIP JAMES W. HOWARD, ESQ. Nevada Bar No. 4636 THE HOWARD LAW FIRM 9030 W. Cheyenne Avenue, #210 Las Vegas, NV 89129 Tel: 702-293-4600 Fax:702-993-4009 Attorneys for Defendant jhoward@howardlawlv.com 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 VINCENT J. SICA, 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:16-cv-00513-GMN-VCF Plaintiff, vs. STIPULATION TO DISMISS EXTRA CONTRACTUAL CLAIMS PROGRESSIVE DIRECT INSURANCE COMPANY; DOES I through X; and ROE CORPORATIONS XI through XX, Defendants. IT IS HEREBY STIPULATED AND AGREED by and between PlaintiffVIN CENT J. SICA, and Defendant PROGRESSIVE DIRECT INSURANCE COMPANY, by and through their respective undersigned counsel of record, that PlaintiffVincent J. Sica's extra contractual causes of action for (1) bad faith, (2) Defendant Progressive Direct Insurance Company's alleged statutory violations ofNRS 686A.310(b) and (3) the prayer for punitive damages are dismissed. The parties further stipulate that Plaintiff Sica may maintain his action for contractual uninsured motorist benefits against Defendant Progressive, though Defendant Progressive retains the right to raise all appropriate defenses to Plaintiff Sica's claim, including but not limited to, the defense that there was no contact between Mr. Sica's 2 3 motorcycle and the vehicle Mr. Sica alleges hit his motorcycle and fled. DATED this 91h day of January, 2017. 4 5 6 7 8 9 VANNAH & VANNAH THE HOWARD LAW FIRM /s/:James W. i)-{owarci /s/:John r:B. §reene By: --==~--~-=---------------James W. Howard, Esq. Nevada Bar No. 4636 9030 W. Cheyerme Avenue, #210 Las Vegas, NV 89129 Attorney for Defendants By:--=---=::-----=------------John B. Greene, Esq. Nevada Bar No. 4279 400 S. 7 th Street, 4th Floor Las Vegas, NV 89101 Attorney for Plaintiff 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 VINCENT J. SICA, Plaintiff, 5 6 7 8 9 Case No. 2: 16-cv-005 13-GMN-VCF ORDER VS. PROGRESSIVE DIRECT INSURANCE COMPANY; DOES I through X; and ROE CORPORATIONS XI through XX, Defendants. 10 Pursuant to the parties' stipulation it is hereby: 11 ORDERED that PlaintiffVincent J. Sica's extra contractual causes of action for (1) bad faith, (2) 12 Defendant Progressive Direct Insurance Company's alleged statutory violations ofNRS 686A.3 1O(b) and 13 (3) the prayer for punitive damages are dismissed; 14 IT IS FURTHER ORDERED that PlaintiffSica may maintain his action for contractual uninsured 15 motorist benefits against Defendant Progressive, though Defendant Progressive retains the right to raise 16 all appropriate defenses to Plaintiff Sica's claim, including but not limited to, the defense that there was 17 no contact between Mr. Sica's motorcycle and the vehicle Mr. Sica alleges hit his motorcycle and fl ed. 18 19 20 21 22 23 24 25 26 27 28 DATED this _!L day of ~,t., vy , 2017.

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