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Scottsdale Insurance Co. v. 8Force Assets, LLC

United States District Court, D. Nevada

March 26, 2018

SCOTTSDALE INSURANCE COMPANY, Plaintiff,
v.
8FORCE ASSETS, LLC; ARPAD BARON, individually; ALBA BARON, individually; LUCY BARON-DONNELLY, individually; BRENDA BARON-MOLLMANN, individually; LASANDRA WEATHERS, individually and as the Natural Mother of JADA RAY, a Minor; CHARLES SMITH and DORIS SMITH, individually and as Guardians Ad Litem for IYANA BANKSTON-WRIGHT, a Minor; CHARLES SMITH, individually and as Special Administrator of the Estate of DIANA ROSE BANKSTON; DEBORAH BARBEE-MARTIN, individually and as Special Administrator for the Estates of KAYSHA L. RAY and ANDREW RAY; DONALD R. LAINER, individually; PLATINUM ELITE, LLC; and DOES 1 through 10, Defendants.

          MATTHEW G. HOLLAND Attorneys for Defendants CHARLES SMITH and DORIS SMITH

          DARREN J. WELSH Attorneys for Defendants DONALD R. LAINER and PLATINUM ELITE, LLC

          CHRISTOPHER J. RICHARDSON Attorneys for defendants DONALD R. LAINER and PLATINUM ELITE, LLC

          ANTHONY B. GOLDEN Attorneys for Defendants 8FORCE ASSETS, LLC; ARPAD BARON; ALBA BARON; LUCY BARON-DONNELLY; and BRENDA BARONMOLLMANN

          IAN CORZINE (Pro Hac Vice) Attorneys for Defendants 8FORCE ASSETS, LLC; ARPAD BARON; ALBA BARON; LUCY BARON-DONNELLY; and BRENDA BARONMOLLMANN

          ALAN B. YUTER (Pro Hac Vice), ERIC S. POWERS Attorneys for Plaintiff SCOTTSDALE INSURANCE COMPANY

          STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE AND PRETRIAL ORDER DEADLINE (FIRST REQUEST)

         COMES NOW, Alan B. Yuter and Eric S. Powers of Selman Breitman LLP, attorneys for plaintiff Scottsdale Insurance Company ("Scottsdale"); Ian Corzine of West Corzine LLP and Anthony B. Golden of Garg Golden Law Firm, attorneys for defendants 8Force Assets, LLC, Arpad Baron, Alba Baron, Lucy Baron-Donnelly and Brenda Baron-Mollmann; Christopher J. Richardson of Olson, Cannon, Gormley, Angulo & Stoberski, and Darren J. Welsh of Welsh Law attorneys for Donald R. Lainer and Platinum Elite, LLC (collectively, "Defendants"); and hereby stipulate and agree to extend the dispositive motion deadline to April 23, 2018 and pretrial order deadline to May 23, 2018.

         A. INTRODUCTION

         Scottsdale alleges that during the insurance application process, the owner and members of Scottsdale's insured, Defendant 8Force Assets, LLC and 8Force Holdings LLC (collectively "8Force"), deliberately concealed from Scottsdale their knowledge about a fire that had occurred in order to obtain insurance coverage for all damages caused by that fire. Scottsdale seeks a declaration from the Court that the 8Force Defendants committed fraud, and Scottsdale owes no duty to defend or indemnify the 8Force Defendants, their owners, members, and property manager from any liability arising from the fire.

         B. STATEMENT SPECIFYING THE DISCOVERY COMPLETED

         On October 17, 2017, this Court issued a Scheduling Order which set a dispositive motion deadline of April 2, 2018.

         The following discovery has been completed:

1. Defendants 8Force served its Initial Disclosures of Witnesses and Documents on October 27, 2017.
2. Defendants Charles Smith and Doris Smith served their Initial Disclosures of Witnesses and Documents on November 3, 2017.
3. Plaintiff Scottsdale served its Initial Disclosures of Witnesses and Documents on November 6, 2017.
4. Defendants Donald Lainer and Platinum Elite, LLC served their Initial Disclosure of Witnesses and Documents ...

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