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CLARK v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2:14-CV-1273 JCM (VCF). (2015)

Court: District Court, D. Nevada Number: infdco20150407a88 Visitors: 10
Filed: Apr. 06, 2015
Latest Update: Apr. 06, 2015
Summary: ORDER JAMES C. MAHAN , District Judge . Presently before the court is Clark v. State Farm Mutual Automobile Insurance Company, case number 2:14-cv-01273-JCM-VCF. This case involves insurance claims arising from an automobile collision. On or about May 21, 2013, plaintiff was involved in a motor vehicle accident where an adverse driver rear ended her. ( See doc. # 10). On October 15, 2014, the parties filed stipulations and orders for private binding arbitration, to stay court proceedin
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ORDER

Presently before the court is Clark v. State Farm Mutual Automobile Insurance Company, case number 2:14-cv-01273-JCM-VCF.

This case involves insurance claims arising from an automobile collision. On or about May 21, 2013, plaintiff was involved in a motor vehicle accident where an adverse driver rear ended her. (See doc. # 10).

On October 15, 2014, the parties filed stipulations and orders for private binding arbitration, to stay court proceedings (doc. # 17), and to dismiss with prejudice plaintiff's second and third causes of action and plaintiff's claims for punitive and exemplary damages (doc. # 18). The parties agreed that plaintiff's only remaining claim, breach of contract, would be resolved through binding arbitration. (See id.).

The parties also agreed that the matter would be stayed pending the completion of the arbitration and expressly waived any right to trial by a judge or jury and any right to appeal the arbitrator's award or any other order made by the arbitrator. (See id.). Further, upon the binding decision of the arbitrator regarding plaintiff's breach of contract claim, the parties stipulate to dismissal of this action, with prejudice. (See id.). The court granted these stipulations on October 16, 2014, and set a status check hearing for April 6, 2015. (Docs. ## 21, 22).

At the status check hearing, the parties represented that binding arbitration had been completed, an award had been issued, and dismissal of the instant case was appropriate. (Doc. # 24).

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the case of Clark v. State Farm Mutual Automobile Insurance Company, case number 2:14-cv-01273-JCM-VCF be, and the same hereby is, DISMISSED with prejudice. The clerk is ordered to close the case.

Source:  Leagle

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