Carra Otto vs Midwestern, LLC, et al

Filing 182

ORDERED that F & H and RNP must file a status report within ten days. Signed by Chief Judge Miranda M. Du on 2/25/2020. (Copies have been distributed pursuant to the NEF - LW)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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CARRA OTTO, AS THE SURVIVING
SPOUSE OF RICHARD OTTO, AND
CARRA OTTO AS THE ADMINISTRATRIX
OF THE ESTATE OF RICHARD OTTO,

Case No. 3:16-cv-00451-MMD-WGC
ORDER

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Plaintiffs,
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v.
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REFACCIONES NEUMATICAS LA PAZ,
S.A., DE C.V.,

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Defendant.

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AND ALL RELATED CASES

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This is a products liability case. The purpose of this order is to ascertain the status
of certain ancillary claims.

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The Court first addresses Refacciones Neumaticas La Paz, S.A. DE C.V. (“RNP”)’s

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cross-claims for contribution and indemnification it filed against F & H Mine Supply (“F &

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H”) and Mid-Western, LLC. (ECF No. 88 at 8-11.) The status of these cross-claims is

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unclear to the Court (ECF Nos. 164 and 180 do not explicitly state that RNP is dismissing

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its cross-claims against F & H and Mid-Western, LLC, but they do say those parties are

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dismissed, and RNP’s counsel signed ECF No. 179), so the Court will direct RNP to file a

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status report about them.

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Next, the Court notes it granted the parties’ stipulation of dismissal of claims against

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F & H on May 9, 2019. (ECF No. 164.) But on February 2, 2017, F & H filed a third party

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complaint against International Mine Supply, Inc. (“International Mine”) (ECF No. 33), who

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had filed bankruptcy in June 2016 (ECF No. 37). F & H recognized that the automatic stay

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applied (ECF No. 41) and took no further action with respect to the third party complaint.

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It is therefore ordered that F & H must file a status report within ten days as to the

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status of International Mine’s bankruptcy and whether it intends to seek to lift the automatic

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stay. F & H’s failure to file a timely status report will result in dismissal of its third party

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complaint against International Mine.

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It is further ordered that RNP must file a status report with the Court within ten days

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regarding its cross-claims against F & H and Mid-Western, LLC, including whether RNP

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intends to pursue them. RNP’s failure to timely respond to this order will result in dismissal

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of these cross-claims.

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DATED THIS 25th day of February 2020.

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MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE

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