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Homes v. Zurich American Insurance Co.

United States District Court, D. Nevada

November 29, 2017

CENTEX HOMES, a Nevada general partnership, Plaintiff,
v.
ZURICH AMERICAN INSURANCE COMPANY, an Illinois corporation; EVEREST NATIONAL INSURANCE COMPANY, a Delaware corporation; UNDERWRITERS AT LLOYDS LONDON, a London corporation; LEXINGTON INSURANCE COMPANY, a Delaware corporation; ADMIRAL INSURANCE COMPANY, a New Jersey corporation, Defendants.

          Joshua Zlotlow, Esq. Attorneys for Defendant

          David A. Astengo, Esq. Attorneys for Plaintiff

          Timothy J. Lepore, Esq. Attorneys for Defendant

          Scott S. Thomas, Sarah J. Odia, S. Rainbow Blvd, Attorneys for CENTEX HOMES

          STIPULATION TO LIFT STAY; AND STIPULATED [PROPOSED] DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED

         The above-named parties, by and through their respective counsel of record, hereby stipulate and agree to lift the stay of discovery in the above-captioned litigation that was entered by the Court on December 21, 2016. (ECF No. 28). The Court stayed discovery pending a ruling on Lexington Insurance Company's (“Lexington”) motion to dismiss Centex Homes' (“Centex”) complaint (ECF No. 11). Lexington's motion was denied in part, granted in part with leave to Centex to amend its complaint on September 29, 2017. (ECF No. 48). On October 13, 2017, Centex filed an amended complaint. (ECF No. 50). Prior to the stay being entered, the parties had not performed any discovery. Now that the Court has issued a ruling on Lexington's motion, there is no reason to continue the stay of discovery in this case. The parties therefore stipulate to lift the stay.

         The parties further hereby submit their Stipulated Discovery Plan and Scheduling Order pursuant to Fed.R.Civ.P. 26(f), Local Rule 26-1 for the Court's approval.

         1. Meeting.

         Pursuant to Fed.R.Civ.P. 26(f) and LR 26-1, a meeting was held telephonically on, December 2, 2016 and was attended by: Sarah Odia for Centex Homes, Josh Zlotlow for Lexington Insurance Company, Benjamin Carman for Interstate Fire & Casualty Company, David Astengo for Everest National Insurance Company, and Ramiro Morales for Zurich American Insurance Company.

         2. Initial Disclosures.

         The parties will exchange the information required by Fed.R.Civ.P. 26(a)(1) no later than December, 152017.

         3. Discovery Plan.

         The parties jointly propose to the Court the following discovery plan:

         Subject of Discovery. Discovery will be needed on all issues raised in Centex's Complaint and the parties' defenses, including, affirmative defenses, including but not limited to the following subjects: Centex's claims for breach of contract, breach of the covenant of good faith and fair dealings, declaratory relief, breach of Nevada's Unfair Claims Practices Act; damages, including computations and amounts, and information relating to all potentially applicable insurance available to Centex

         Should discovery be phased, limited or focused: Not at this time, with the exception that discovery directed at issues pertaining to bad faith and/or punitive damages should be deferred until after resolution of the remaining claims, but each party ...


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