Elias v. Geico General Insurance Company

Filing 38

ORDERED that Geico's motion for summary judgment (ECF No. 33 ) is denied. IT IS FURTHER ORDERED that the jury trial in this case is set for December 5, 2017, at 9:00 AM in Reno Courtroom 4. IT IS FURTHER ORDERED that the cale ndar call is set for November 21, 2017, at 9:30 AM in Reno Courtroom 4. IT IS FURTHER ORDERED that the pretrial order is due by July 6, 2017. IT IS FURTHER ORDERED that proposed voir dire and proposed jury instructions are due by November 28, 2017. IT IS FURTHER ORDERED that motions in limine shall be filed by September 6, 2017. Signed by Judge Howard D. McKibben on 6/5/2017. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MAHEALANI ELIAS,

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Plaintiff,
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vs.
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GEICO GENERAL INSURANCE COMPANY, )
a Foreign Corporation; ROE
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CORPORATIONS 1-10; and DOES 1-10, )
inclusive,
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Defendants.
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_________________________________ )

3:16-cv-00327-HDM-VPC
ORDER

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Before the court is Defendant Geico General Insurance Company’s

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(“Geico”) motion for summary judgment pursuant to Federal Rule of

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Civil Procedure 56.

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and Geico replied (ECF No. 37).

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(ECF No. 33).

Plaintiff responded (ECF No. 36)

The central issue in the motion for summary judgment is the

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materiality

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presentation of her claim with Geico.

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these material misrepresentations, plaintiff breached her obligations

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under the policy and voided the contract.

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based on the discovery, questions of fact remain regarding the

of

plaintiff’s

alleged

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misrepresentations

in

the

Geico argues that, by making

The court concludes that

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materiality of the alleged statements that plaintiff made.

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Accordingly, IT IS ORDERED that Geico’s motion for summary
judgment (ECF No. 33) is denied.

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IT IS FURTHER ORDERED that the jury trial in this case is set for
December 5, 2017, at 9:00 AM in Reno Courtroom 4.

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IT IS FURTHER ORDERED that the calendar call is set for November
21, 2017, at 9:30 AM in Reno Courtroom 4.

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IT IS FURTHER ORDERED that the pretrial order is due by July 6,
2017.
IT IS FURTHER ORDERED that proposed voir dire and proposed jury
instructions are due by November 28, 2017.
IT IS FURTHER ORDERED that motions in limine shall be filed by
September 6, 2017.
DATED: This 5th day of June, 2017.

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____________________________
UNITED STATES DISTRICT JUDGE

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