Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust et al v. Mohave Restoration, Inc. et al

Filing 36

ORDER. Based on 34 the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED that all claims against Hanover Insurance Company are DISMISSED with prejudice, each party to bear its own fees and costs. This dismissal does not terminate Hanover as a party, because Hanover continues to prosecute third-party claims. Signed by Judge Jennifer A. Dorsey on 6/26/17. (Copies have been distributed pursuant to the NEF - MR)

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Case 2:16-cv-01190-JAD-CWH Document 34 Filed 06/23/17 Page 1 of 3 1 2 3 4 5 THE URBAN LAW FIRM MICHAEL A. URBAN, Nevada State Bar No. 3875 SETH T. FLOYD, Nevada State Bar No. 11959 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 Telephone: (702) 968-8087 Facsimile: (702) 968-8088 Electronic Mail: murban@theurbanlawfirm.com sfloyd@theurbanlawfirm.com Counsel for Plaintiffs Laborers Joint Trust Funds 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 13 14 15 16 17 18 19 20 THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS JOINT PENSION TRUST; THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS VACATION TRUST; THE BOARD OF TRUSTEES OF SOUTHERN NEVADA LABORERS LOCAL 872 TRAINING TRUST, Plaintiffs, CASE NO: 2:16-cv-01190-JAD-CWH STIPULATION FOR DISMISSAL OF DEFENDANT HANOVER INSURANCE COMPANY ONLY WITH PREJUDICE AND ORDER THEREON vs. MOHAVE RESTORATION, INC. dba SERVICE MASTERS 1ST RESPONSE, a foreign corporation; JEREMIAH L. COX, an individual, Defendants. 22 THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; et al. Plaintiffs, 23 vs. 24 HANOVER INSURANCE COMPANY, a New Hampshire insurance company; NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a New Hampshire insurance company; DOES 1 THROUGH 10, and ROE CORPORATIONS 1 THROUGH 10, inclusive, Defendants. 21 25 26 27 28 The Urban Law Firm 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 ECF No. 34 Page 1 of 3 5678381v1(63068.57) ORDER Case 2:16-cv-01190-JAD-CWH Document 34 Filed 06/23/17 Page 2 of 3 1 2 HANOVER INSURANCE COMPANY, a New Hampshire insurance company; Third-Party Plaintiff 3 4 5 6 vs. MOHAVE RESTORATION, INC. dba SERVICE MASTERS 1ST RESPONSE, a foreign corporation; JEREMIAH L. COX, an individual, 7 Third-Party Defendant 8 9 IT IS HEREBY STIPULATED AND AGREED by and among Plaintiffs, The Board of 10 Trustees of the Construction Industry and Laborers Health and Welfare Trust; The Board of 11 Trustees of The Construction Industry and Laborers Joint Pension Trust; The Board of Trustees of 12 the Construction Industry and Laborers Vacation Trust; The Board of Trustees of Southern 13 Nevada Laborers Local 872 Training Trust (collectively “Plaintiffs”), and Defendants, Mohave 14 Restoration, Inc. dba Service Masters 1st Response, a foreign corporation, and Jeremiah L. Cox, 15 an individual, and Defendant Hanover Insurance Company, a New Hampshire Insurance Company 16 (“Hanover”), and subject to the approval and Order of the Court, as follows: 1. 17 A full and final settlement has been agreed upon regarding Plaintiffs’ claims 18 against Hanover. Pursuant to the terms of the settlement, Plaintiffs agreed to 19 dismiss their claims against Hanover with prejudice. 2. 20 The terms of the settlement agreement have been satisfied; therefore, the parties 21 stipulate and agree in requesting that Hanover be dismissed from this action with 22 prejudice. 3. 23 This Stipulation for Dismissal applies only to Plaintiffs’ claims against Hanover, 24 and is of no effect regarding Hanover’s Cross Claims or Third Party Claims, which 25 remain pending, nor Plaintiffs’ claims against the other Defendants, which also 26 remain pending. 27 /// 28 The Urban Law Firm 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 Page 2 of 3 5678381v1(63068.57) Case 2:16-cv-01190-JAD-CWH Document 34 Filed 06/23/17 Page 3 of 3 1 2 3 4 5 Dated: June 23, 2017 Dated: June 23, 2017 THE URBAN LAW FIRM HANOVER INSURANCE COMPANY By: /s/ Seth T. Floyd Seth T. Floyd, Nevada State Bar No. 11959 Counsel for Plaintiffs Laborers Trust Funds By: /s/ Patrick F. Welch Patrick F. Welch, Nevada Bar No. 13278 Counsel for Defendant/Third-Party Plaintiff Hanover Insurance Company ._ 6 7 ORDER 8 9 10 11 Based on the parties’ stipulation [ECFthat Defendant Hanover appearing, IT IS HEREBY IT IS HEREBY ORDERED No. 34] and good cause Insurance Company be dismissed ORDERED that all claims against Hanover Insurance Company are DISMISSED with prejudice, each party to case own fees and costs. This dismissal does side to bear from the above-entitled bear itsbe dismissed with prejudice with each not terminatetheir own Hanover as a party, because Hanover continues to prosecute third-party claims. attorney’s fees and costs. 12 13 DATED: 6-26-17 UNITED STATES DISTRICT JUDGE TATES DISTRICT JUD TE TE D C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Urban Law Firm 4270 S. Decatur Blvd., Suite A-9 Las Vegas, Nevada 89103 Page 3 of 3 5678381v1(63068.57)

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