Hartman v. LM General Insurance Company et al

Filing 7

ORDER Granting 6 Stipulation to File First Amended Complaint (First Request). LM's 4 Motion to Dismiss is withdrawn without prejudice. First Amended Complaint deadline: 4/24/2017. Signed by Magistrate Judge George Foley, Jr on 3/23/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00649-JCM-GWF Document 6 Filed 03/22/17 Page 1 of 5

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ANDREW C. GREEN, ESQ.
Nevada Bar No. 9399
RIKKI J. HEVRIN, ESQ.
Nevada Bar No. 13738
KOELLER NEBEKER CARLSON
& HALUCK, LLP
400 S. 4th Street, Suite 600
Las Vegas, NV 89101
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants,
LM General Insurance Company
also erroneously sued as
Liberty Mutual Group, Inc.,
Liberty Mutual Insurance Company,
Liberty Mutual, Liberty Mutual
Auto and Home Services, LLC,
Liberty Mutual Insurance Company,
and Liberty Mutual Insurance Co.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOHN HARTMAN,

)
)
Plaintiff,
)
)
vs.
)
)
LM GENERAL INSURANCE COMPANY; )
LIBERTY MUTUAL GROUP, INC. DBA
)
LIBERTY MUTUAL INSURANCE
)
COMPANY AND DBA LIBERTY MUTUAL; )
LIBERTY MUTUAL AUTO AND HOME
)
SERVICES, LLC; LIBERTY MUTUAL
)
INSURANCE COMPANY AKA LIBERTY )
MUTUAL INSURANCE CO.; DOES I
)
through X, inclusive, and ROE
)
CORPORATIONS I through X, inclusive;
)
)
Defendants.
)

CASE NO.: 2:17-cv-00649-JCM-GWF

STIPULATION AND ORDER FOR
PLAINTIFF TO FILE A FIRST
AMENDED COMPLAINT
(FIRST REQUEST)

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COMES NOW, Defendants, LM General Insurance Company (hereinafter “LM”) also

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erroneously sued as Liberty Mutual Group, Inc. dba Liberty Mutual Insurance Company and

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dba Liberty Mutual; Liberty Mutual Auto and Home Services, LLC; Liberty Mutual Insurance

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Company aka Liberty Mutual Insurance Co., by and through its attorneys, KOELLER,

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NEBEKER, CARLSON & HALUCK, LLP, and Plaintiff, John Hartman (hereinafter
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455709.2

Case 2:17-cv-00649-JCM-GWF Document 6 Filed 03/22/17 Page 2 of 5

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“Plaintiff”), by and through his attorneys, SEEGMILLER & ASSOCIATES, and hereby agree

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and stipulate as follows:

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1.

The parties having conferred regarding the substance of LM’s Motion to

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Dismiss (ECF #4), and agreeing Plaintiff may seek amendment of his Complaint to

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attempt to address the majority of the issues raised therein, the parties present this

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Stipulation and Order to attempt resolution of the issues raised in LM’s Motion to

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Dismiss without Court intervention at this time;

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2.

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to attempt to address the matters raised by LM’s Motion to Dismiss;

LM stipulates Plaintiff may file a First Amended Complaint by April 24, 2017

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3.

Consistent with the parties’ stipulation for Plaintiff to file an Amended

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Complaint, LM’s Motion to Dismiss (ECF #4) is withdrawn without prejudice, and all

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of the Defendants’ potential defenses and rights to answer and/or respond to Plaintiff’s

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initial Complaint and any Amended Complaint are preserved through the time stated in

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the Federal Rules of Civil Procedure to respond to any Amended Complaint.

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4.

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Defendants named in Plaintiff’s initial Complaint prior to any deadline for response or

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answer to any Amended Complaint, and that this stipulation will be effective to set

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aside any default against the Defendants entered prior to the deadline for response or

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answer to Plaintiff’s Amended Complaint;

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5.

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time for responsive pleading or answer for any First Amended Complaint by Plaintiff

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will be determined by the Federal Rules of Civil Procedure following Plaintiff filing

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any First Amended Complaint;

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6.

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each of the following previously named Defendants, Liberty Mutual Group, Inc. dba

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Liberty Mutual Insurance Company and dba Liberty Mutual, Liberty Mutual Auto and

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Home Services, LLC, and Liberty Mutual Insurance Company aka Liberty Mutual

The parties stipulate no default will be requested or entered for any of the

No further responsive pleading is presently due from LM or Plaintiff, and the

Plaintiff agrees he will file a separate stipulation to dismiss without prejudice

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Case 2:17-cv-00649-JCM-GWF Document 6 Filed 03/22/17 Page 3 of 5

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Insurance Co., and Plaintiff agrees any First Amended Complaint will not reference

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any of the entities identified in this paragraph as Defendants.

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7.

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leave LM General Insurance Company as the sole Defendant, which the parties agree

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would be a proper party to a dispute regarding the policy issued to Plaintiff with policy

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number AOS-268-021313-40 4 8.

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8.

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Amended Complaint by way of the electronic filing and serving system.

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The effect of the dismissal referenced in the preceding paragraph will be to

Undersigned counsel for LM agrees to accept service of Plaintiff’s First

DATED this 22nd day of March, 2017.

DATED this 22nd day of March, 2017.

KOELLER NEBEKER CARLSON
& HALUCK, LLP

SEEGMILLER & ASSOCIATES

By:

By:

/s/Andrew C. Green, Esq.
ANDREW C. GREEN, ESQ.
Nevada Bar No. 9399
RIKKI J. HEVRIN, ESQ.
Nevada Bar No. 13738
400 S. Fourth Street, Suite 600
Las Vegas, NV 89101
Attorneys for Defendants,
LM General Insurance Company
also erroneously sued as
Liberty Mutual Group, Inc.,
Liberty Mutual Insurance Company,
Liberty Mutual, Liberty Mutual
Auto and Home Services, LLC,
Liberty Mutual Insurance Company,
and Liberty Mutual Insurance Co.

/s/Clark Seegmiller, Esq.
CLARK SEEGMILLER, ESQ.
Nevada Bar No. 3873
10655 Park Run Drive, Ste. 250
Las Vegas, NV 89144
Attorneys for Plaintiff,
JOHN HARTMAN

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Case 2:17-cv-00649-JCM-GWF Document 6 Filed 03/22/17 Page 4 of 5

ORDER

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IT IS SO ORDERED, consistent with the parties’ stipulation above, Plaintiff may file
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a First Amended Complaint by April 24, 2017, and LM’s Motion to Dismiss (ECF #4) is
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withdrawn without prejudice.
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IT IS FURTHER ORDERED, all of the Defendants’ potential defenses and rights to
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answer and/or respond to Plaintiff’s initial Complaint and any Amended Complaint are
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preserved through the time stated in the Federal Rules of Civil Procedure to respond to any
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Amended Complaint; therefore, no default will be requested or entered for any of the
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Defendants named in Plaintiff’s initial Complaint prior to any deadline for response or answer
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to any Amended Complaint, and the Parties’ stipulation will be effective to set aside any
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default against the Defendants entered prior to the deadline for response or answer to Plaintiff’s
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Amended Complaint;
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IT IS FURTHER ORDERED, upon Plaintiff filing any First Amended Complaint by
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April 24, 2017, that any response to the First Amended Complaint may proceed pursuant to the
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Federal Rules of Civil Procedure.
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23rd
Dated this _____ day of March, 2017.

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____________________________________
UNITED STATES DISTRICT COURT JUDGE
STATES MAGISTRATE JUDGE
JAMES C. MAHAN

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