Zeitouni et al v. Geico General Insurance Company

Filing 17

ORDER Granting 14 Stipulation to Sever Plaintiffs' Bad Faith Claims. Signed by Judge Kent J. Dawson on 2/27/17. (Copies have been distributed pursuant to the NEF - MR)

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1 JOINTLY SUBMITTED 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 SHAHAR ZEITOUNI, individually; ITAMAR ZEITOUNI, individually; ) ) CASE NO. ) ) ) ) ) ) ) ) ) ) 7 Plaintiffs, 8 v. 9 10 GEICO GENERAL INSURANCE COMPANY; DOES I through X, inclusive; ROE CORPORATIONS XI through XX, inclusive, 11 Defendants. 2:17-cv-00160-KJD-GWF 12 STIPULATION AND ORDER TO SEVER PLAINTIFFS’ BAD FAITH CLAIMS 13 14 This Stipulation is entered into by and between Plaintiffs SHAHAR ZEITOUNI and ITAMAR 15 ZEITOUNI (“Plaintiffs”) and Defendant GEICO GENERAL INSURANCE COMPANY (hereafter 16 “Defendant”), by and through their counsels of record. 17 Since the time of filing the Notice of Removal, Plaintiffs and Defendant stipulate that 18 Plaintiffs’ claim for “contractual breach of the implied covenant of good faith and fair dealing” 19 should be severed and stayed pending the outcome of the claim for contractual benefits under the 20 GEICO policy. The parties, acting by and through their respective attorneys of record, hereby agree 21 and stipulate to the severance and stay of the Second Cause of Action (the extra-contractual claim), 22 and request the Court enter an order severing and staying the Second Cause of Action in Plaintiffs’ 23 Complaint. 24 Plaintiffs and Defendant further agree and stipulate that Plaintiffs will continue to pursue 25 policy benefits in this Court. 26 ... 27 ... 28 ... 1 1 The parties, by the undersigned counsel for each party, agree that this Stipulation may be 2 signed by counsel, and that all counsel listed below have authorized the submission of this 3 Stipulation to this Court. 4 IT IS SO STIPULATED: 5 GLEN LERNER INJURY ATTORNEYS McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP By: By: 6 7 8 9 10 /s/ Joshua L. Benson Corey M. Eschweiler, Esq. Nevada Bar No. 6635 Joshua L. Benson, Esq. Nevada Bar No. 10077 4795 South Durango Drive Las Vegas, Nevada 89147 Attorneys for Plaintiff 11 12 13 14 15 /s/ Jonathan W. Carlson Wade M. Hansard, Esq. Nevada Bar No. 8104 Jonathan W. Carlson, Esq. Nevada Bar No. 10536 8337 West Sunset Road, Suite 350 Las Vegas, Nevada 89113 Attorneys for Defendant ORDER IT IS SO ORDERED that Plaintiffs’ claims for contractual breach of the implied covenant of good faith and fair dealing be severed and stayed pending the outcome of the claim for contractual benefits under the GEICO policy. 16 17 2/27/2017 UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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