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Christiana Trust v. Fidelity National Title Insurance Co.

United States District Court, D. Nevada

April 11, 2019

CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 3, Plaintiff,
v.
FIDELITY NATIONAL TITLE INSURANCE COMPANY, CHICAGO TITLE INSURANCE COMPANY and TICOR TITLE INSURANCE COMPANY, Defendant.

          Kevin S. Sinclair, Esq., Sophia S. Lau, Esq., EARLY SULLIVAN WRIGHT GIZER & McRAE LLP Attorneys for FIDELITY NATIONAL TITLE INSURANCE COMPANY and CHICAGO TITLE INSURANCE COMPANY

          WRIGHT, FINLAY & ZAK, LLP Christopher A.J. Swift, Esq. Lindsay D. Robbins, Esq. Attorneys for Plaintiff Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, Not in Its Individual Capacity But as Trustee of ARLP Trust 3

          STIPULATION AND PROPOSED ORDER EXTENDING DEFENDANTS FIDELITY NATIONAL TITLE INSURANCE COMPANY'S, CHICAGO TITLE INSURANCE COMPANY'S AND TICOR TITLE INSURANCE COMPANY'S TIME TO RESPOND TO COMPLAINT (FIRST REQUEST)

          CAM FERENBACH, UNITED STATES MAGISTRATE JUDGE

         Plaintiff Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, Not in Its Individual Capacity But as Trustee of ARLP Trust 3 (“Christiana Trust”), and defendants Fidelity National Title Insurance Company (“Fidelity”) and Chicago Title Insurance Company (“Chicago Title”), by and through their counsel of record, hereby stipulate as follows:

         WHEREAS, Christiana Trust filed its complaint in this matter on March 5, 2019 (ECF No. 1);

         WHEREAS, Fidelity was served with the summons and complaint on or about March 28, 2019;

         WHEREAS, Fidelity's response to the complaint is due on April 18, 2019;

         WHEREAS, Chicago Title was served with the summons and complaint on or about March 22, 2019;

         WHEREAS, Chicago Title's response to the complaint is due on April 12, 2019;

         WHEREAS, Christiana Trust contends that it served defendant Ticor Title Insurance Company (“Ticor Title”) with the Summons and Complaint on or about March 22, 2019;

         WHEREAS, Ticor Title's response to the Complaint would be due on April 12, 2019;

         WHEREAS, Chicago Title and Fidelity contend that Ticor Title is not a proper party defendant because they contend that Ticor Title merged into Chicago Title in 2010 (and that any claims that could have been asserted against Ticor Title must therefore be asserted against its corporate successor);

         WHEREAS, the parties are presently meeting and conferring on whether there is subject matter jurisdiction in the United States District Court over this dispute and, if so, whether Ticor Title is properly a defendant in this action;

         WHEREAS, Christiana Trust has agreed to extend Fidelity's, Chicago Title's, and Ticor Title's (if applicable) time to respond to the complaint to May 3, 2019 to afford the parties additional time to consider the ...


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