Centex Homes v. Everest National Insurance Company et al

Filing 33

ORDER Granting 31 Stipulation re 19 First MOTION to Dismiss re 1 Complaint. ( Replies due by 11/28/2016.) Signed by Chief Judge Gloria M. Navarro on 11/27/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01275-GMN-PAL Document 31 Filed 11/17/16 Page 1 of 3

1 ANDREW D. HEROLD, ESQ.
Nevada Bar No. 7378
2 [e-mail]
JOSHUA A. ZLOTLOW, ESQ.
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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]
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8 Attorneys for Defendant
LEXINGTON INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEV ADA

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CENTEX HOMES, a Nevada general
partnership,
Plaintiff,

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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]

EVEREST NATIONAL INSURANCE
COMPANY, a Delaware corporation;
INTERSTATE FIRE & CASUALTY
COMPANY, an Illinois corporation;
LEXINGTON INSURANCE COMPANY, a
Delaware corporation; FINANCIAL
PACIFIC INSURANCE COMPANY, a
California corporation; HARTFORD
CASUALTY INSURANCE COMPANY, an
Indiana corporation,

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Defendants.
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Plaintiff CENTEX HOMES ("Centex") and Defendant LEXINGTON INSURANCE

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COMPANY ("Lexington"), hereby submit the following Stipulation Re Briefing on Lexington's

26 Motion to Dismiss.
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///

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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 31 Filed 11/17/16 Page 2 of 3

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WHEREAS, Lexington filed a Motion to Dismiss on October 10, 2016 (ECF Nos. 19 and
20) (the "Motion");
WHEREAS, the Motion makes vanous arguments as to why Centex's claims against

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4 Lexington should be dismissed relying in part on the language of the Lexington policies at issue;
WHEREAS, the Motion did not include copies of the Lexington policies themselves, but

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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;

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WHEREAS, Centex and Lexington previously stipulated that Lexington would supplement

9 the Motion with copies of the insurance policies addressed therein and Centex's opposition would
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filed and served within 10 calendar days of the filing of Lexington's supplemental papers and

11 Lexington's reply papers would be filed and served within 10 calendar days thereafter.
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WHEREAS, Lexington filed copies of the policies on November 4, 2016 and Centex filed

13 its opposition on November 14, 2016.
WHEREAS, November 24, 2016 is Thanksgiving, counsel's offices are closed on

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15 November 25, 2016, and counsel for Lexington will be out of the country at that time.

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

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17 record, hereby stipulate that Lexington shall file and serve its reply by November 28, 2016.

18 DATED: November 17, 2016
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PAYNE & FEARS LLP
By:

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Ill

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Isl Sarah J Odia (as authorized 11117116)
SCOTT S. THOMAS, ESQ.
[e-mail]
SARAH J. ODIA, ESQ.
[e-mail]
Attorneys for Plaintiff CENTEX HOMES

Ill

25 Ill
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Ill

27 Ill

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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 31 Filed 11/17/16 Page 3 of 3

1 DATED: November 17, 2016

By:J~~HEROLD, ESQ.
,~NDR
D.

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

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HEROLD & SAGER

IT IS SO ORDERED:

8 DATED: November 27, 2016
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UNITED STATES DISTRICT JUDGE

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STIPULATION TO EXTEND TIME TO FILE RESPONSIVE PLEADING

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