Capitol Specialty Insurance Corporation v. Steadfast Insurance Co., et al

Filing 24

ORDER granting 23 Unopposed Motion to Modify Briefing Schedule Re: 20 Motion to Dismiss. Responses due by 3/9/2021. Replies due by 3/23/2021. Signed by Judge Jennifer A. Dorsey on 2/16/2021. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:20-cv-01382-JAD-VCF Document 23 Filed 02/10/21 Page 1 of 3
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02/16/21

1 Scott S. Thomas, NV Bar No. 7937
[e-mail]
2 Sarah J. Odia, NV Bar No. 11053
[e-mail]
3 Hilary A. Williams, NV Bar No. 14645
[e-mail]
4 PAYNE & FEARS LLP
6385 S. Rainbow Blvd., Suite 220
5 Las Vegas, Nevada 89118
Telephone: [phone]
6 Facsimile: [phone]
Attorneys for Capitol Specialty Insurance
7 Corporation
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ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

UNITED STATES DISTRICT COURT

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PAYNE & FEARS LLP

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DISTRICT OF NEVADA

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CAPITOL SPECIALTY INSURANCE
CORPORATION, a Wisconsin corporation,
as assignee of UNITED CONSTRUCTION
COMPANY,
Plaintiff,

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v.
STEADFAST INSURANCE COMPANY, a
Delaware corporation; ARCH SPECIALTY
INSURANCE COMPANY, a Missouri
Corporation; and RHP MECHANICAL
SYSTEMS, a Nevada corporation,

Case No.: 2:20-cv-1382-JAD-VCF
ORDER GRANTING
JOINT MOTION TO MODIFY BRIEFING
SCHEDULE REGARDING
STEADFAST’S MOTION TO DISMISS
[FIRST REQUEST]

ECF No. 23

Defendants.

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Plaintiff CAPITOL SPECIALTY INSURANCE CORPORATION (“Capitol Specialty”), by

22 and through its counsel, Payne & Fears LLP, and Defendant STEADFAST INSURANCE
23 COMPANY (“Steadfast,” and together with Capitol Specialty, the “Parties”), by and through its
24 counsel, Morales Fierro & Reeves, jointly move this Court to extend the deadline for Capitol
25 Specialty to oppose Steadfast’s Motion to Dismiss First Amended Complaint [ECF No. 20] (the
26 “Motion”) filed on February 5, 2021, and for Steadfast to reply to the opposition. Specifically, the
27 Parties request this Court move Capitol Specialty’s opposition deadline to March 9, 2021, and
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Case 2:20-cv-01382-JAD-VCF Document 23 Filed 02/10/21 Page 2 of 3
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02/16/21

1 Steadfast’s reply deadline to March 23, 2021. This is the Parties’ first request to extend a deadline
2 associated with Steadfast’s Motion.
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The Parties seek to extend the deadlines associated with Steadfast’s Motion based on the

4 current workloads and litigation calendars of counsel for Capitol Specialty and Steadfast.
5 Specifically, counsel for Capitol Specialty have been preparing multiple summary judgment motions
6 in a case that is venued in the District of Arizona. The motions are due Monday, February 15, 2021.
7 Because this is four days prior to the opposition deadline here, i.e., Friday, February 19, 2021,
8 counsel for Capitol Specialty request additional time to prepare opposition papers and have them
9 reviewed and approved. Furthermore, counsel for Steadfast, among other things, recently filed a

ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

10 motion for partial summary judgment in another matter. The reply to the opposition to the motion is
11 due March 8, and there is a hearing date of March 15 (though it is currently unknown if the court
12 will request oral argument), and thus counsel is requesting the date of March 23, 2021, for the due
13 date of the reply to the motion to dismiss. In the instant matter, the case is in a preliminary stage,
14 Steadfast’s Motion challenges Capitol Specialty’s pleading, and no party will be prejudiced by the
15 brief extension being jointly sought.
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Accordingly, the Parties request that this Court extend the deadline for Capitol Specialty to

17 file an opposition brief from February 19, 2021 to March 9, 2021, and that this Court likewise
18 extend Steadfast’s deadline to file a reply until March 23, 2021.
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Case 2:20-cv-01382-JAD-VCF Document 23 Filed 02/10/21 Page 3 of 3
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Dated: February 10, 2021

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PAYNE & FEARS LLP

MORALES FIERRO & REEVES

By:
/s/ Sarah J. Odia
Scott S. Thomas, Esq.
Sarah J. Odia, Esq.
Hilary A. Williams, Esq.
6385 S. Rainbow Blvd., Suite 220
Las Vegas, Nevada 89118

By:

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Dated: February 10, 2021

/s/ Ramiro Morales
Ramiro Morales, Esq.
600 Tonopah Drive, Suite 300
Las Vegas, NV 89106

Attorneys for Defendant
STEADFAST INSURANCE
CORPORATION

Attorneys for Plaintiff
CAPITOL SPECIALTY INSURANCE
CORPORATION

ATTORNEYS AT LAW
6385 S. RAINBOW BLVD, SUITE 220
LAS VEGAS, NEVADA 89118
[phone]

PAYNE & FEARS LLP

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ORDER

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Good cause appearing, IT IS HEREBY ORDERED that the Joint Motion to Modify
Briefing Schedule Regarding Steadfast's Motion to Dismiss [ECF No. 23] is GRANTED. The
IT IS SO ORDERED.
deadline for Capitol Specialty to file an opposition brief is extended to March 9, 2021, and
Steadfast's deadline to file a reply is extended to March 23, 2021.
2-16-2020
DATED: _________________
________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT COURT JUDGE

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