Centex Homes v. Everest National Insurance Company et al

Filing 24

ORDER Granting 23 Stipulation RE: Briefing on Lexington Insurance Company's Motion to Dismiss. IT IS FURTHER ORDERED that Defendant Lexington Insurance Company shall filethe relevant insurance policies by 11/7/2016. Signed by Chief Judge Gloria M. Navarro on 10/25/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:16-cv-01275-GMN-PAL Document 23 Filed 10/24/16 Page 1 of 3

1 ANDREW D. HEROLD, ESQ.
Nevada Bar No. 7378
2 [e-mail]
JOSHUA A. ZLOTLOW, ESQ.
3
Nevada Bar No. 11333
4 [e-mail]
HEROLD & SAGER
5 3960 Howard Hughes Parkway, Suite 500
Las Vegas, NV 89169
6 Tel: [phone]
Fax: [phone]
7
8 Attorneys for Defendant
LEXINGTON INSURANCE COMPANY
9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12 CENTEX HOMES, a Nevada general
partnership,
13
Plaintiff,

14
vs.

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CASE NO. 2:16-cv-01275-GMN-PAL
STIPULATION RE BRIEFING ON
LEXINGTON INSURANCE COMPANY’S
MOTION TO DISMISS [FIRST
REQUEST]

16 EVEREST NATIONAL INSURANCE
COMPANY, a Delaware corporation;
17
INTERSTATE FIRE & CASUALTY
18 COMPANY, an Illinois corporation;
LEXINGTON INSURANCE COMPANY, a
19 Delaware corporation; FINANCIAL
PACIFIC INSURANCE COMPANY, a
20 California corporation; HARTFORD
CASUALTY INSURANCE COMPANY, an
21
Indiana corporation,
22
Defendants.
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24

Plaintiff CENTEX HOMES (“Centex”) and Defendant LEXINGTON INSURANCE

25 COMPANY (“Lexington”), hereby submit the following Stipulation Re Briefing on Lexington’s
26 Motion to Dismiss.
27 ///
28 ///
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STIPULATION RE BRIEFING ON LEXINGTON’S MOTION TO DISMISS

CASE NO. 2:16-cv-01275-GMN-PAL

Case 2:16-cv-01275-GMN-PAL Document 23 Filed 10/24/16 Page 2 of 3

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WHEREAS, Lexington filed a Motion to Dismiss on October 10, 2016 (ECF Nos. 19 and

2 20) (the “Motion”);
3

WHEREAS, the Motion makes various arguments as to why Centex’s claims against

4 Lexington should be dismissed relying in part on the language of the Lexington policies at issue;
5

WHEREAS, the Motion did not include copies of the Lexington policies themselves, but

6 rather correspondence between Lexington and Centex in which the parties disputed Centex’s rights
7 and Lexington’s obligations under the policies based in part of the policy language;
8

WHEREAS, Centex has requested additional policy information in order to respond to the

9 Motion;
10

WHEREAS, Lexington is working towards obtaining certified copies of the insurance

11 policies and intends to supplement the Motion with these certified copies;
12

WHERAS, Lexington and Centex agree that it would be best for this Court to address the

13 issue of the proper interpretation of the language of the Lexington policies with complete copies of
14 the Lexington policies in the Court’s records at the time it addresses the Motion;
15

NOW, THEREFORE, Centex and Lexington, by and through their respective counsel of

16 record, hereby stipulate that Lexington shall supplement the Motion with certified copies of the
17 insurance policies addressed therein and that Centex’s opposition to the Motion shall be filed and
18 served within 10 calendar days of the filing of Lexington’s supplemental papers and Lexington’s
19 reply papers shall be filed and served within 10 calendar days thereafter.
20 DATED: October 24, 2016
ORDER

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IT IS SO ORDERED.
IT IS FURTHER ORDERED that Defendant Lexington Insurance Company shall file
the relevant insurance policies by November 7, 2016.

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE
25
DATED this ___ October, 2016.

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STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING

CASE NO. 2:16-cv-01275-GMN-PAL

Case 2:16-cv-01275-GMN-PAL Document 23 Filed 10/24/16 Page 3 of 3

HEROLD & SAGER

1 DATED: October 24, 2016
2

By:

~NDREWb.HEROLD,ESQ.

3

[e-mail]
JOSHUA A. ZLOTLOW, ESQ.
[e-mail]
Attorneys For Defendant
LEXINGTON INSURANCE COMPANY

4

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fltw ~~

IT IS SO ORDERED:

8 DATED:
9

UNITED STATES DISTRICT JUDGE

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11

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PAYNE & FEARS LLP
By:

/s/ Sarah J. Odia (as authorized on 10/24/16)
SCOTT S. THOMAS, ESQ.
[e-mail]
SARAH J. ODIA, ESQ.
[e-mail]
Attorneys for Plaintiff CENTEX HOMES

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STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING

CASE NO. 2:16-cv-01275-GMN-PAL