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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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 7 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 8 Plaintiffs, 9 v. 10 11 REFACCIONES NEUMATICAS LA PAZ, S.A., DE C.V., 12 Defendant. 13 AND ALL RELATED CASES 14 15 This is a products liability case. The purpose of this order is to ascertain the status of certain ancillary claims. 16 The Court first addresses Refacciones Neumaticas La Paz, S.A. DE C.V. (“RNP”)’s 17 cross-claims for contribution and indemnification it filed against F & H Mine Supply (“F & 18 H”) and Mid-Western, LLC. (ECF No. 88 at 8-11.) The status of these cross-claims is 19 unclear to the Court (ECF Nos. 164 and 180 do not explicitly state that RNP is dismissing 20 its cross-claims against F & H and Mid-Western, LLC, but they do say those parties are 21 dismissed, and RNP’s counsel signed ECF No. 179), so the Court will direct RNP to file a 22 status report about them. 23 Next, the Court notes it granted the parties’ stipulation of dismissal of claims against 24 F & H on May 9, 2019. (ECF No. 164.) But on February 2, 2017, F & H filed a third party 25 complaint against International Mine Supply, Inc. (“International Mine”) (ECF No. 33), who 26 had filed bankruptcy in June 2016 (ECF No. 37). F & H recognized that the automatic stay 27 applied (ECF No. 41) and took no further action with respect to the third party complaint. 28 1 It is therefore ordered that F & H must file a status report within ten days as to the 2 status of International Mine’s bankruptcy and whether it intends to seek to lift the automatic 3 stay. F & H’s failure to file a timely status report will result in dismissal of its third party 4 complaint against International Mine. 5 It is further ordered that RNP must file a status report with the Court within ten days 6 regarding its cross-claims against F & H and Mid-Western, LLC, including whether RNP 7 intends to pursue them. RNP’s failure to timely respond to this order will result in dismissal 8 of these cross-claims. 9 DATED THIS 25th day of February 2020. 10 11 12 MIRANDA M. DU CHIEF UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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