WFTLV01, LLC v. Amtrust North America, Inc.

Opinion

1 Jeffrey D. Olster Nevada Bar No. 8864 2 Jeff.Olster@lewisbrisbois.com LEWIS BRISBOIS BISGAARD & SMITH LLP 3 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 4 Tel: (702) 893-3383 Fax: (702) 893-3789 5 Attorneys for Defendant 6 SECURITY NATIONAL INSURANCE COMPANY 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 WFTLV01, LLC, a Nevada limited liability Case No. 2:20-cv-01845-JCM-BNW company, 11 STIPULATION TO EXTEND STAY Plaintiff, 12 [First Request] vs. 13 SECURITY NATIONAL INSURANCE 14 COMPANY, a Delaware corporation 15 Defendant. 16 17 18 IT IS STIPULATED by and between plaintiff WFTLV01, LLC and defendant SECURITY 19 NATIONAL INSURANCE COMPANY, through their respective counsel, and pursuant to LR IA 20 6-1 and LR 7-1, that the stay ordered by the Court (ECF No. 44) should be extended pending the 21 final disposition by the United States Court of Appeals for the Ninth Circuit in Circus Circus LV, 22 LP v. AIG Specialty Ins. Co., No. 21-15367. The parties respectfully submit that good cause exists 23 for this stipulation based on the following: 24 1. In its Order issued on March 25, 2022 (ECF No. 44), this Court stayed this case “to 25 receive material guidance from the Ninth Circuit” in the pending case of Circus Circus LV, LP v. 26 AIG Specialty Ins. Co., No. 21-15367. (ECF No. 44 at 2:11 – 3:2). Specifically, this Court ordered 27 1 a stay of this case until the Ninth Circuit files its decision in the Circus Circus case. (Id. at 3:4-6).1 2 2. This Court also denied all pending motions without prejudice. (ECF No. 44 at 3:8- 3 10). These motions are Defendant’s motion to dismiss (ECF No. 21) and Defendant’s motion for 4 leave to file statement of supplemental authorities for the motion to dismiss (ECF No. 43). This 5 Court also granted leave to refile after the Ninth Circuit has ruled. (ECF No. 44 at 3:8-10). 6 3. On April 15, 2022, the Ninth Circuit issued its unpublished ruling in the Circus 7 Circus case, which affirmed this Court’s dismissal of the insured’s complaint. See Circus Circus 8 LV, LP v. AIG Specialty Ins. Co., 2022 U.S. App. LEXIS 10298 (9th Cir. April 15, 2022). 9 However, the parties believe that the insured in the Circus Circus case will likely file a petition for 10 en banc rehearing in the Ninth Circuit. 11 4. The parties accordingly submit that both the letter and spirit of the Court’s Order 12 (ECF No. 44) warrant a further stay of this case until the Ninth Circuit rules on the Circus Circus 13 petition for en banc rehearing (or until the time for Circus Circus to file the petition expires on or 14 about April 29, 2022). 15 5. Following the Ninth Circuit’s final disposition of the Circus Circus petition, or the 16 expiration of the time for Circus Circus to file the petition, Defendant intends to re-file a motion 17 to dismiss the Complaint. 18 6. This stipulation is made in good faith and for good cause, and not for any purpose 19 to delay. 20 7. The parties further agree that this stipulated extension of time does not operate as 21 any admission or waiver of any claim or defense by Plaintiff or Defendant. 22 23 24 25 26 1 Additionally, the parties have agreed to stay discovery pending the final resolution of 27 Defendant’s motion to dismiss. (ECF No. 38). 1 DATED this 29" day of April, 2022. DATED this 29" day of April, 2022. 2 || KENNEDY & COUVILLIER, PLLC LEWIS BRISBOIS BISGAARD & SMITH LLP 4 l/s) Warimiliene 2 Chavilleer Isl Gulfrey O Dieter 5 Todd E. Kennedy Jeffrey D. Olster Nevada Bar No. 6014 Nevada Bar No. 8864 6 || Maximiliano D. Couvillier II 6385 S. Rainbow Boulevard, Suite 600 Nevada Bar No. 7661 Las Vegas, Nevada 89118 7 |(3271 E. Warm Springs Road Attorneys for Defendant Las Vegas, Nevada 89120 8 Attorneys for Plaintiff 10 11 12 ORDER 13 IT IS SO ORDERED. 14 5 © tg Mea UNITED STATES DISTRICT JUDGE 16 May 6, 2022 17 Dated: 18 19 20 21 22 23 24 25 26 27