Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust et al v. Mohave Restoration, Inc. et al
Filing
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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)
Case 2:16-cv-01190-JAD-CWH Document 51 Filed 03/09/18 Page 1 of 3
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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
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UNITED STATES DISTRICT COURT
300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101
FISHER & PHILLIPS LLP
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DISTRICT OF NEVADA
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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,
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vs.
MOHAVE RESTORATION, INC. dba
SERVICE MASTERS 1st RESPONSE, a
foreign corporation; JEREMIAH L. COX, an
individual,
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Defendants.
___________________________________
THE BOARD OF TRUSTEES OF THE
CONSTRUCTION INDUSTRY AND
LABORERS HEALTH AND WELFARE
TRUST; et al.
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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
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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;
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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101
FISHER & PHILLIPS LLP
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Third Party Plaintiff,
vs.
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MOHAVE RESTORATION, INC. dba
SERVICE MASTERS 1st RESPONSE, a
foreign corporation; JEREMIAH L. COX, an
individual,
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Third Party Defendants.
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Third-Party Defendants, MOHAVE RESTORATION, INC. dba SERVICE
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MASTERS 1st RESPONSE, and JEREMIAH L. COX, and Third-Party Plaintiff,
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HANOVER INSURANCE COMPANY, by and through their respective undersigned
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counsel, hereby notify the Court that they have reached a resolution of all claims
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remaining between Third-Party Defendants and Third-Party Plaintiff in this matter and
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are in the process of formalizing the settlement.
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Third-Party Defendants and Third-Party Plaintiff hereby stipulate and the
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parties hereby agree that Third-Party Plaintiff’s Motion for Summary Judgment (ECF
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No. 42) be withdrawn without prejudice to refile if for any reason the settlement terms
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are not completed. The parties agree to file a stipulation for dismissal within forty (40)
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days.
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///
FPDOCS 33753174.2
Case 2:16-cv-01190-JAD-CWH Document 51 Filed 03/09/18 Page 3 of 3
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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
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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101
FISHER & PHILLIPS LLP
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FISHER & PHILLIPS LLP
Dated: March 9, 2018
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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
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ORDER
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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.
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U.S. DISTRICT MAGISTRATE JUDGE
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Dated:
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FPDOCS 33753174.2
March 12, 2018
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