Rupracht et al v. Union Security Insurance Company et al

Filing 46

ORDER. IT IS ORDERED that the Motion to Lift Stay 40 is GRANTED. IT IS FURTHER ORDERED that the Motion to Refile 42 is GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss 4 and the Motion to Strike 30 are DENIED as moot. IT IS SO ORDERED. Signed by Judge Robert C. Jones on 4/14/2011. (Copies have been distributed pursuant to the NEF - MLC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MYREE D. RUPRACHT, Individually and as
Trustee of the ROBERT AND MYREE
RUPRACHT FAMILY TRUST

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Plaintiff,
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vs.
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UNION SECURITY INSURANCE CO. et al.,
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Defendants.
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3:07-CV-00231-RCJ-RAM
ORDER

This case arises out of Defendant Union Security Insurance Co.’s (“Union Security”)

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denial of life insurance benefits after the death of Plaintiff Myree D. Rupracht’s husband Robert

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in 2006. In 2007, the Hon. Brian E. Sandoval compelled arbitration between Rupracht and

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Defendant Gary T. Armitage and stayed Union Security’s Motion to Dismiss (ECF No. 4) and

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Plaintiff’s Motion to Strike Union Security’s Reply in Support of Motion to Dismiss (ECF No.

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30).

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Plaintiff asks the Court to lift the stay because Armitage failed to participate in

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arbitration, filed for Chapter 7 bankruptcy, and is incarcerated in California pending a criminal

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trial for fraud. Union Security does not oppose Plaintiff’s motion and has filed its own motion

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for leave to refile its motion to dismiss because the pleading standards have changed in the

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meantime. The Court grants both motions.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Lift Stay (ECF No. 40) is GRANTED.

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IT IS FURTHER ORDERED that the Motion to Refile (ECF No. 42) is GRANTED.

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IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 4) and the Motion to

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Strike (ECF No. 30) are DENIED as moot.

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IT IS SO ORDERED.

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Dated: This 5th daydayApril, 2011.
This 14th of of April, 2011.

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_____________________________________
ROBERT C. JONES
United States District Judge

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