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

Filing 52

ORDER Granting 51 Stipulation to Withdraw 42 Third-Party Plaintiff's Motion for Summary Judgment and Notice of Settlement. IT IS FURTHER ORDERED that the parties must file dismissal documents or a joint status report by 4/23/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/12/2018. (Copies have been distributed pursuant to the NEF - MR)

Download PDF
Case 2:16-cv-01190-JAD-CWH Document 51 Filed 03/09/18 Page 1 of 3 1 2 3 4 5 6 7 8 9 FISHER & PHILLIPS LLP SCOTT M. MAHONEY, ESQ Nevada Bar No. 1099 DAVID B. DORNAK, ESQ. Nevada Bar No. 6274 ALLISON L. KHEEL, ESQ. Nevada Bar No. 12986 300 S. Fourth Street Suite 1500 Las Vegas, NV 89101 Telephone: (702) 252-3131 FAX: (702) 252-7411 ddornak@fisherphillips.com Attorneys for Defendants/ Third-Party Defendants 10 UNITED STATES DISTRICT COURT 300 S Fourth Street, Suite 1500 Las Vegas, Nevada 89101 FISHER & PHILLIPS LLP 11 DISTRICT OF NEVADA 12 13 14 15 16 17 18 19 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, 20 21 22 23 vs. MOHAVE RESTORATION, INC. dba SERVICE MASTERS 1st RESPONSE, a foreign corporation; JEREMIAH L. COX, an individual, 24 25 26 27 Defendants. ___________________________________ THE BOARD OF TRUSTEES OF THE CONSTRUCTION INDUSTRY AND LABORERS HEALTH AND WELFARE TRUST; et al. 28 Plaintiffs, FPDOCS 33753174.2 Case No.: 2:16-cv-01190-JAD-CWH STIPULATION AND ORDER TO WITHDRAW THIRD-PARTY PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (ECF NO. 42) AND NOTICE OF SETTLEMENT Case 2:16-cv-01190-JAD-CWH Document 51 Filed 03/09/18 Page 2 of 3 1 2 3 4 5 6 7 8 9 vs. 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. _________________________________ HANOVER INSURANCE COMPANY, a New Hampshire Insurance company; 10 300 S Fourth Street, Suite 1500 Las Vegas, Nevada 89101 FISHER & PHILLIPS LLP 11 Third Party Plaintiff, vs. 12 13 14 MOHAVE RESTORATION, INC. dba SERVICE MASTERS 1st RESPONSE, a foreign corporation; JEREMIAH L. COX, an individual, 15 Third Party Defendants. 16 17 Third-Party Defendants, MOHAVE RESTORATION, INC. dba SERVICE 18 MASTERS 1st RESPONSE, and JEREMIAH L. COX, and Third-Party Plaintiff, 19 HANOVER INSURANCE COMPANY, by and through their respective undersigned 20 counsel, hereby notify the Court that they have reached a resolution of all claims 21 remaining between Third-Party Defendants and Third-Party Plaintiff in this matter and 22 are in the process of formalizing the settlement. 23 Third-Party Defendants and Third-Party Plaintiff hereby stipulate and the 24 parties hereby agree that Third-Party Plaintiff’s Motion for Summary Judgment (ECF 25 No. 42) be withdrawn without prejudice to refile if for any reason the settlement terms 26 are not completed. The parties agree to file a stipulation for dismissal within forty (40) 27 days. 28 /// FPDOCS 33753174.2 Case 2:16-cv-01190-JAD-CWH Document 51 Filed 03/09/18 Page 3 of 3 1 2 3 4 For the foregoing reasons, the Third-Party Plaintiff’s Motion for Summary Judgment will be withdrawn without prejudice to refile. Respectfully submitted this 9th day of March, 2018. Dated: March 9, 2018 /s/ Allison L. Kheel, Esq. DAVID B. DORNAK, ESQ. Nevada State Bar No. 6274 ALLISON L. KHEEL, ESQ. Nevada State Bar No. 12986 300 South Fourth Street, Suite 1500 Las Vegas, Nevada 89101 Attorneys for Defendants/Third-Party Defendants 5 6 7 8 9 10 300 S Fourth Street, Suite 1500 Las Vegas, Nevada 89101 FISHER & PHILLIPS LLP 11 FISHER & PHILLIPS LLP Dated: March 9, 2018 12 JENNINGS STROUSS & SALOMON /s/ Patrick F. Welch, Esq. PATRICK F. WELCH, ESQ. Nevada State Bar No. 13278 One East Washington Ave., Ste. 1900 Phoenix, AZ 85004-2554 Attorneys for Third-Party Plaintiff 13 14 15 16 ORDER 17 18 IT IS SO IS SO ORDERED. FURTHER ORDERED that the parties must file IT ORDERED. IT IS dismissal documents or a joint status report by April 23, 2018. 19 20 U.S. DISTRICT MAGISTRATE JUDGE 21 Dated: 22 23 24 25 26 27 28 FPDOCS 33753174.2 March 12, 2018

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?