Filed: Jul. 11, 2013
Latest Update: Jul. 11, 2013
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is defendant Zurich American Insurance Company's motion to dismiss. (Doc. #6). Plaintiff FP Holdings filed a response in opposition (doc. #7), and defendant filed a reply (doc. #8). The motion became ripe while the case was before a different court in this district. Upon this case being reassigned to this court, the parties filed a motion to consolidate with another case before this court-National Union Fire Insurance Company o
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is defendant Zurich American Insurance Company's motion to dismiss. (Doc. #6). Plaintiff FP Holdings filed a response in opposition (doc. #7), and defendant filed a reply (doc. #8). The motion became ripe while the case was before a different court in this district. Upon this case being reassigned to this court, the parties filed a motion to consolidate with another case before this court-National Union Fire Insurance Company of..
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ORDER
JAMES C. MAHAN, District Judge.
Presently before the court is defendant Zurich American Insurance Company's motion to dismiss. (Doc. #6). Plaintiff FP Holdings filed a response in opposition (doc. #7), and defendant filed a reply (doc. #8).
The motion became ripe while the case was before a different court in this district. Upon this case being reassigned to this court, the parties filed a motion to consolidate with another case before this court-National Union Fire Insurance Company of Pittsburgh, PA v. Fiesta Palm LLC et al, case number 2:11-cv-00598-JCM-GWF. The court granted the motion to consolidate.
After the consolidation occurred, the parties in the base case, 2:11-cv-00598-JCM-GWF, moved the court to stay the action pending the resolution of a case before the Nevada Supreme Court. This court granted the stay....
The stay now moots the pending motion to dismiss. The court denies the motion to dismiss without prejudice. The defendant in this case, Zurich American Insurance Company, may re-file its motion to dismiss after the stay is lifted in the base case 2:11-cv-00598-JCM-GWF.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Zurich American Insurance Company's motion to dismiss (doc. #6) be, and the same hereby, is DENIED as moot.
