West Coast Mobile Home Parks, Inc. v. Scottsdale Insurance Company, Inc.

Filing 23

ORDER Granting 22 Stipulation of Dismissal of Plaintiff's Third Cause of Action for Bad Faith without prejudice. Signed by Judge Richard F. Boulware, II on 6/1/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 Whitney C. Wilcher, Esq. Nevada Bar No. 7212 Christine M. Emanuelson, Esq. Nevada Bar No. 010143 HINES HAMPTON LLP 1601 Diamond Oaks Court Las Vegas, Nevada 89117 Tel.: (702) 933-7829 Fax: (702) 974-1709 cemanuelson@hineshamptonllp.com STEVEN MARZULLO, LTD. STEVEN MARZULLO, ESQ. Nevada Bar No. 2396 626 South Third Street Las Vegas, Nevada 89191 Tel.: (702) 382-2522 Fax: (702) 382-1198 Attorney for Plaintiff West Coast Mobile Home Parks, Inc. Attorneys for Defendant Scottsdale Insurance Co., Inc. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 WEST COAST MOBILE HOME PARKS, INC., a California corporation, 13 14 15 16 Plaintiff, vs. SCOTTSDALE INSURANCE COMPANY, INC., and DOES I-V, inclusive, and ROE Companies/ Corporations, VI-X, inclusive, 17 CASE NO.: 2:16-cv-02183-RFB-CWH STIPULATION TO DISMISS PLAINTIFF’S THIRD CAUSE OF ACTION FOR BAD FAITH WITHOUT PREJUDICE; AND [PROPOSED] ORDER Defendants. 18 19 Plaintiff West Coast Mobile Home Parks, Inc. (“Plaintiff”) and Defendant Scottsdale 20 Insurance Company (“Scottsdale”) hereby submit the following stipulation to dismiss Plaintiff’s 21 third cause of action for bad faith without prejudice. 22 1. Plaintiff’s operative complaint on file in this action pleads a total of four causes of 23 action against Scottsdale: (1) Breach of Insurance Contract – Duty to Defend; (2) Breach of 24 Insurance Contract – Failure to Indemnify; (3) Breach of Duty of Good Faith and Fair Dealing; 25 and (4) Declaratory Relief. 26 2. Plaintiff wishes to dismiss without prejudice the third cause of action in its 27 complaint against Scottsdale for breach of the duty of good faith and fair dealing. Scottsdale 28 agrees to the dismissal of that claim. 1 STIPULATION TO DISMISS PLAINTIFF’S BAD FAITH CLAIM WITHOUT PREJUDICE 1 3. Therefore, the parties stipulate and agree that Plaintiff’s third cause of action in its 2 complaint against Scottsdale for breach of the duty of good faith and fair dealing shall be 3 dismissed without prejudice, and request an Order from the Court affirming such dismissal. 4 4. Each party shall bear its own costs with respect to the dismissal of Plaintiff’s third 5 cause of action. 6 7 IT IS SO ORDERED: 8 9 ___________________________________ UNITED STATES DISTRICT JUDGE 10 11 12 DATED: June 1, 2017. ________________________ 13 14 15 16 Dated: May 26, 2017 STEVEN MARZULLO, LTD. 17 By: 18 19 /s/ Steven Marzullo Steven Marzullo, Esq. Attorney for Plaintiff WEST COAST MOBILE HOME PARKS, INC. 20 21 Dated: May 26, 2017 HINES HAMPTON LLP 22 23 24 25 26 By: /s/ Christine Emanuelson Whitney C. Wilcher Christine Emanuelson Attorneys for Defendant SCOTTSDALE INSURANCE COMPANY 27 28 2 STIPULATION TO DISMISS PLAINTIFF’S BAD FAITH CLAIM WITHOUT PREJUDICE CERTIFICATE OF SERVICE I hereby certify that on May 26, 2017, I electronically filed the foregoing document or paper with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail Notice List below. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on May 26, 2017. Ayvette Hernandez Electronic Notice List Steven Marzullo steven@stevenmarzullo.com

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