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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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.: [phone]
Fax: [phone]
[e-mail]

STEVEN MARZULLO, LTD.
STEVEN MARZULLO, ESQ.
Nevada Bar No. 2396
626 South Third Street
Las Vegas, Nevada 89191
Tel.: [phone]
Fax: [phone]
Attorney for Plaintiff
West Coast Mobile Home Parks, Inc.

Attorneys for Defendant
Scottsdale Insurance Co., Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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WEST COAST MOBILE HOME PARKS,
INC., a California corporation,

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Plaintiff,
vs.
SCOTTSDALE INSURANCE COMPANY,
INC., and DOES I-V, inclusive, and ROE
Companies/ Corporations, VI-X, inclusive,

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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.

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Plaintiff West Coast Mobile Home Parks, Inc. (“Plaintiff”) and Defendant Scottsdale

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Insurance Company (“Scottsdale”) hereby submit the following stipulation to dismiss Plaintiff’s

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third cause of action for bad faith without prejudice.

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1.

Plaintiff’s operative complaint on file in this action pleads a total of four causes of

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action against Scottsdale: (1) Breach of Insurance Contract – Duty to Defend; (2) Breach of

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Insurance Contract – Failure to Indemnify; (3) Breach of Duty of Good Faith and Fair Dealing;

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and (4) Declaratory Relief.

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2.

Plaintiff wishes to dismiss without prejudice the third cause of action in its

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complaint against Scottsdale for breach of the duty of good faith and fair dealing. Scottsdale

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agrees to the dismissal of that claim.
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STIPULATION TO DISMISS PLAINTIFF’S BAD FAITH CLAIM WITHOUT PREJUDICE

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3.

Therefore, the parties stipulate and agree that Plaintiff’s third cause of action in its

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complaint against Scottsdale for breach of the duty of good faith and fair dealing shall be

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dismissed without prejudice, and request an Order from the Court affirming such dismissal.

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4.

Each party shall bear its own costs with respect to the dismissal of Plaintiff’s third

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cause of action.

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IT IS SO ORDERED:

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___________________________________
UNITED STATES DISTRICT JUDGE

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DATED:

June 1, 2017.
________________________

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Dated: May 26, 2017

STEVEN MARZULLO, LTD.

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By:

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/s/ Steven Marzullo
Steven Marzullo, Esq.
Attorney for Plaintiff WEST COAST
MOBILE HOME PARKS, INC.

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Dated: May 26, 2017

HINES HAMPTON LLP

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By:

/s/ Christine Emanuelson
Whitney C. Wilcher
Christine Emanuelson
Attorneys for Defendant SCOTTSDALE
INSURANCE COMPANY

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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
[e-mail]