Centex Homes v. St. Paul Fire and Marine Insurance Company et al

Filing 284

ORDER granting 283 Stipulation of Dismissal with prejudice as to First Specialty Insurance Corporation; Signed by Judge Jennifer A. Dorsey on 10/12/2020. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:17-cv-02407-JAD-VCF Document 283 Filed 10/08/20 Page 1 of 2 284 10/12/20 1 2 3 4 5 6 7 Ramiro Morales State Bar No. 007101 William C. Reeves State Bar No. 008235 MORALES FIERRO & REEVES 600 S. Tonopah Drive, Suite 300 Las Vegas, NV 89106 Telephone: 702/699-7822 Facsimile: 702/699-9455 Attorneys for Defendant/Third Party Plaintiff St. Paul Fire and Marine Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 18 CENTEX HOMES, ) ) Plaintiff, ) ) vs. ) ) ST. PAUL FIRE & MARINE INS. CO., et al. ) ) Defendants. ) ) ) ) ) and related matter(s). ) ) Case No.: 2:17-cv-02407-JAD-VCF ORDER STIPULATION AND PROPOSED ORDER DISMISSING THIRD PARTY DEFENDANT FIRST SPECIALTY INSURANCE CORPORATION WITH PREJUDICE FROM THIRD PARTY COMPLAINT OF ST. PAUL FIRE AND MARINE INSURANCE COMPANY [DKT NO. 38] ECF No. 283 Third Party Plaintiff St. Paul Fire & Marine Ins. Co. ("St. Paul") and Third Party Defendants 19 First Specialty Ins. Corp. ("FSIC") and Certain Underwriters at Lloyd's, London ("Lloyds") 20 stipulate and agree by and through counsel as follows: 21 22 WHEREAS, this matter is an insurance coverage action Centex Homes filed against various insurance companies arising from an underlying construction defect matter; 23 WHEREAS, St. Paul previously filed a Third Party Complaint ("TPC") [Dkt. No. 38]; 24 WHEREAS, the only remaining parties to the TPC are St. Paul, FSIC and Lloyds 25 26 27 (collectively "Parties") as all remaining Third Party Defendants were previously dismissed; WHEREAS, a settlement has now been reached that resolves all the claims asserted in St. Paul’s TPC against FSIC; and 28 1 STIPULATION Case No.: 2:17-cv-02407-JAD-VCF Case 2:17-cv-02407-JAD-VCF Document 283 Filed 10/08/20 Page 2 of 2 284 10/12/20 WHEREAS, the Parties stipulate for the Court to issue an order dismissing St. Paul’s Third- 1 2 Party Complaint against FSIC with prejudice, with both St. Paul and FSIC bearing their own 3 attorneys fees and costs. IT IS SO AGREED. 4 5 Dated: October 7, 2020 6 MORALES FIERRO & REEVES THE GRAD LAW FIRM 7 By: 8 9 10 /s/ William C. Reeves William C. Reeves Morales Fierro & Reeves Attorneys for St. Paul By /s/ Laleaque Grad Laleaque Grad The Grad Law Firm Attorneys for FSIC ROPERS MAJESKI 11 12 13 By /s/ Timothy Lepore Timothy Lepore Ropers Majeski Attorneys for Lloyds 14 ORDER 15 16 17 18 19 20 21 The on the stipulation between stipulation of the Marine Insurance Company, Based Court, having considered the St. Paul fire and parties and good cause appearing, orders Certain Underwriters at Lloyd's London, and First Specialty Insurance Corporation [ECF as follows: No. 283], which I construe as a joint motion under Local Rule 7-1(c) because it was signedSt. Paul Fire andall the parties or their attorneys, and with good cause appearing,No. by fewer than Marine Insurance Company’s Third Party Complaint ("TPC") [Dkt. IT IS HEREBY ORDERED Specialty CLAIMS AGAINST FIRST SPECIALTY 38] is dismissed against Firstthat ALL Insurance Corporation with prejudice with the parties INSURANCE CORPORATION are DISMISSED with prejudice, each side to bear its bearing their own fees and costs. own fees and costs. IT IS SO ORDERED. 22 23 DATED:________________ _________________________________ U.S. District Judge Jennifer A. Dorsey DISTRICT 2020 Dated: October 12, COURT JUDGE 24 25 26 27 28 2 STIPULATION Case No.: 2:17-cv-02407-JAD-VCF

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