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Centex Homes v. St. Paul Fire and Marine Insurance Company, 2:17-CV-02407-JAD-VCF. (2018)

Court: District Court, D. Nevada Number: infdco20180222978 Visitors: 9
Filed: Feb. 13, 2018
Latest Update: Feb. 13, 2018
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE A RESPONSIVE PLEADING TO ST. PAUL FIRE AND MARINE INSURANCE COMPANY'S THIRD-PARTY COMPLAINT [FIRST REQUEST] CAM FERENBACH , Magistrate Judge . Defendant and Third-Party Plaintiff ST. PAUL FIRE AND MARINE INSURANCE COMPANY ("St. Paul") and Third-Party Defendant NEW HAMPSHIRE INSURANCE COMPANY ("New Hampshire) hereby submit the following Stipulation Extending Time to File a Responsive Pleading to St. Paul's Third-Party Complaint in the a
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE A RESPONSIVE PLEADING TO ST. PAUL FIRE AND MARINE INSURANCE COMPANY'S THIRD-PARTY COMPLAINT [FIRST REQUEST]

Defendant and Third-Party Plaintiff ST. PAUL FIRE AND MARINE INSURANCE COMPANY ("St. Paul") and Third-Party Defendant NEW HAMPSHIRE INSURANCE COMPANY ("New Hampshire) hereby submit the following Stipulation Extending Time to File a Responsive Pleading to St. Paul's Third-Party Complaint in the above-captioned action.

WHEREAS, Centex Homes ("Centex") filed a Complaint on or about September 14, 2017, in the United States District Court, District of Nevada as Case Number 2:17-cv-02407, naming LEXINGTON INSURANCE COMPANY ("Lexington") as a defendant;

WHEREAS, on or about October 26, 2017, Lexington filed a Motion to Dismiss Centex's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(f);

WHEREAS, on or about November 13, 2017, St. Paul filed a Third-Party Complaint in this action naming New Hampshire as a defendant;

WHEREAS, Lexington's Motion to Dismiss Centex's Complaint addresses legal issues that may have a substantial impact on Centex's claims against St. Paul as well as Centex's Third-Party claims against New Hampshire;

WHEREAS, on or about December 21, 2017, St. Paul served New Hampshire with the Third-Party Complaint through the State of Nevada Department of Business and Industry, Division of Insurance;

WHEREAS, the hearing date on Lexington's Motion to Dismiss Centex's Complaint is scheduled for January 8, 2018;

WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), New Hampshire's deadline to respond to the Third-Party Complaint is January 11, 2018;

WHEREAS, St. Paul and New Hampshire have agreed to extend the time for New Hampshire to file a responsive pleading to St. Paul's Third-Party Complaint until fourteen (14) days after the Court rules on Lexington's Motion to Dismiss Centex's Complaint.

NOW, THEREFORE, St. Paul and New Hampshire, by and through their respective counsel, hereby stipulate to allow for an extension of time for New Hampshire to file a responsive pleading until fourteen (14) days after the Court's ruling on Lexington's Motion to Dismiss Centex's Complaint.

IT IS SO ORDERED.

Source:  Leagle

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