Yanik v. Travelers Property Casualty Company of America

Filing 13

ORDER Granting 12 Stipulation Order Granting Leave to Amend Complaint. Amended Complaint deadline: 9/10/2024. Signed by Judge Richard F. Boulware, II on 8/27/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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Amy M. Samberg (NV Bar No. 10212)
[e-mail]
Justin S. Hepworth (NV Bar No. 10080)
[e-mail]
CLYDE & CO US LLP
7251 W. Lake Mead Blvd., Suite 430
Las Vegas NV 89128
Telephone: [phone]
Attorneys for Defendant
Travelers Property Casualty Company of
America

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CLYDE & CO US LLP

7251 West Lake Mead Boulevard, Suite 430
Las Vegas, Nevada 89128

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CASE NO.: 2:24-cv-01409-RFB-DJA
ANDREAS YANIK,
Plaintiff,

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v.

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,

STIPULATION AND ORDER
GRANTING LEAVE TO AMEND
COMPLAINT

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Defendant.

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Plaintiff Andreas Yanik (“Plaintiff”) and Defendant Travelers Property Casualty Company

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of America (“Travelers Property”), by and through the undersigned counsel, stipulate and agree as

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follows:

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1.

Plaintiff filed his First Amended Complaint [Dkt. 1-2] on July 10, 2024, against

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Travelers Property based on the alleged failure to timely investigate and pay his insurance claim.

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The First Amended Complaint includes causes of action for breach of contract, unreasonable delay,

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bad faith, intentional infliction of emotional distress, violation of statutory duties, failure to

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investigate, and failure to settle. See id.

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2.

However, the relevant insurance policy was issued to Plaintiff by The Travelers

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Home and Marine Insurance Company (“Travelers Home”) rather than Travelers Property. See

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Homeowners’ Policy No. 602487722 633 1 (“Policy”) [Dkt. 5-1].

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3.

On August 8, 2024, Travelers Property filed its Motion to Dismiss [Dkt. 5] because

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(1) it is not a proper party to the insurance contract on which Plaintiff’s claims are based and (2)

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several of Plaintiff’s claims are either not cognizable under Nevada law or are otherwise duplicative

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of his claims for bad faith or violation of statutory duties.

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agree to file a Second Amended Complaint within fourteen (14) days after entry of this order. The

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Second Amended Complaint shall remove Travelers Property as a named defendant in this action

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and instead name the correct underwriting company (Travelers Home). The Second Amended

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Complaint shall also remove any claims that are not cognizable under Nevada law or are otherwise

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duplicative of other claims.

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CLYDE & CO US LLP

In exchange for Travelers withdrawing its Motion to Dismiss [Dkt. 5], Plaintiff will

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7251 West Lake Mead Boulevard, Suite 430
Las Vegas, Nevada 89128

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5.

The undersigned counsel will agree to accept service of the Second Amended

Complaint on behalf of Travelers Home.
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Travelers Home shall have twenty-one (21) days after service of the Second

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Amended Complaint upon undersigned counsel on behalf of Travelers Home to file a responsive

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pleading.

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Dated: August 27, 2024
BOWEN LAW OFFICES

CLYDE & CO US LLP

/s/ Jerome R. Bowen
Jerome R. Bowen
Nevada Bar No. 4540
9960 W. Cheyenne Ave, Suite 250
Las Vegas, Nevada 89129
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff Andreas Yanik

/s/ Justin S. Hepworth
Justin S. Hepworth (NV Bar No. 10080)
7251 W. Lake Mead Blvd., Suite 430
Las Vegas NV 89128
Telephone:
725-248-2900
E-mail: [e-mail]
Attorneys for Defendant Travelers Property
Casualty Company of America & Non-Party
The Travelers Home and Marine Insurance
Company

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ORDER

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IT IS SO ORDERED.

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_______________________________________

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RICHARD F. BOULWARE, II
UNITED STATES DISTRICT COURT

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DATED this 27 of August 2024.

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As an employee of Clyde & Co US LLP, I certify that a copy of the foregoing

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STIPULATION AND ORDER GRANTING LEAVE TO AMEND COMPLAINT was served

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by the method indicated:

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CLYDE & CO US LLP

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7251 West Lake Mead Boulevard, Suite 430
Las Vegas, Nevada 89128

CERTIFICATE OF SERVICE

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BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m. pursuant to EDCR Rule 7.26(a). A printed
transmission record is attached to the file copy of this document(s).

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BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at Las Vegas, Nevada addressed as set forth
below.

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 BY ELECTRONIC SERVICE: submitted to the above-entitled Court for electronic service
upon the Court’s Registered Service List for the above-referenced case.

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BY EMAIL: by emailing a PDF of the document listed above to the email addresses of the
individual(s) listed below.

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Dated: August 27, 2024
/s/ Maricris Williams
An Employee of Clyde & Co US LLP

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