Arizona Civil Constructors, Inc. v. Colony Insurance Company

1 ROBERT E. SCHUMACHER, ESQ.

Nevada Bar No. 7504 DIONE C. WRENN, ESQ.

Nevada Bar No. 13285 GORDON REES SCULLY MANSUKHANI, LLP 300 South 4th Street, Suite 1550 Las Vegas, Nevada 89101 Telephone: (702) 577-9300 Direct Line: (702) 577-9319 Facsimile: (702) 255-2858 E-Mail: [email protected] [email protected] Attorneys for Defendant, MIDWEST FAMILY MUTUAL INSURANCE COMPANY 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA ARIZONA CIVIL CONSTRUCTORS, INC., a ) CASE NO. 2:20-cv-00010-JAD-DJA Nevada corporation, ) ) [AMENDED] STIPULATION AND 14 Plaintiff, ) ORDER TO EXTEND ARIZONA ) CIVIL CONSTRUCTORS, INC.’S vs. ) DEADLINE TO FILE REPLY IN 16 ) SUPPORT OF ITS MOTION FOR COLONY INSURANCE COMPANY; HDI ) DETERMINATION OF GOOD GLOBAL SPECIALTY SE, fka INTERNATIONAL ) FAITH SETTLEMENT INSURANCE COMPANY OF HANNOVER SE; ) MIDWEST FAMILY MUTUAL INSURANCE ) FIRST REQUEST COMPANY; DOES I-X, inclusive; and ROE ) CORPORATIONS I-X, inclusive, ) 20 ) Defendants. ) 21 )

23 Pursuant to Local Rules 6-1 and 7-1, Defendant MIDWEST FAMILY MUTUAL INSURANCE COMPANY (“Midwest”) and Plaintiff ARIZONA CIVIL CONSTRUCTORS, INC. (“ACC”) (collectively, the “Parties”), by and through their respective attorneys of record, hereby submit this Amended Stipulation and Order pursuant to the Court’s Minute Order [ECF No. 30], and stipulate as stated below. /// 1 STIPULATION 2 1. On April 10, 2020, ACC filed a Motion for Determination of Good Faith Settlement (ECF No. 19).

4 2. On April 23, 2020, the Parties and Defendant Colony Insurance Company (“Colony”) jointly filed a stipulation to extend the time for Midwest and Colony to respond to ACC’s Motion to May 25, 2020 (“First Stipulation”) (ECF No. 20). The Court granted the First Stipulation on April 27, 2020 (ECF No. 21).

8 3. Subsequently, on May 19, 2020, the Parties and Colony submitted a joint stipulation to further extend the time for Midwest and Colony to respond to ACC’s Motion from May 25, 2020 to June 8, 2020 (“Second Stipulation”) (ECF No. 22). The Court granted the Second Stipulation on May 20, 2020 (ECF No. 23).

12 4. On June 5, 2020, the Parties and Colony submitted a third joint stipulation to further extend the time for Midwest and Colony to respond to ACC’s Motion from June 8, 2020 to June 19, 2020 (“Third Stipulation”) (ECF No. 24). The Third Stipulation was granted on June 10, 2020 (ECF No. 25).

16 5. The First through Third Stipulations were made in light of negotiations between ACC and Defendants to resolve this matter.

18 6. On June 19, 2020, Midwest filed its Opposition to Plaintiff’s Motion (ECF No. 27). ACC’s deadline to file a Reply in Support of its Motion (“Reply”) is June 26, 2020.

20 7. ACC requests add requests additional time to file its Reply up to and including July 27, 2020.1 The reason for this extension is to conserve time and resources to allow ACC to file one comprehensive reply after Colony Insurance files its opposition on July 20, 2020.

23 8. Midwest does not oppose ACC’s requested extension.

24 9. Accordingly, ACC will file its reply on July 27, 2020.

25 /// /// ACC previously requested that it have until July 10 to file its reply. This new requested deadline takes into 1 10. This stipulation is not made for purposes of delay.

2 || DATED this 26th day of June 2020. DATED this 26th day of June 2020.

3 || GORDON REES SCULLY FENNEMORE CRAIG, P.C.

4 MANSUKHANI, LLP ||4s/ Dione C. Wrenn /s/ Brandi M. Planet ROBERT E. SCHUMACHER, ESQ. JOHN RANDALL JEFFERIES, ESQ.

6 || Nevada Bar No. 7504 Nevada Bar No. 3512 DIONE C. WRENN, ESQ. BRANDI M. PLANET, ESQ.

Nevada Bar No. 13285 Nevada Bar No. 11710 300 South 4" Street, Suite 1550 CHELSIE A. ADAMS, ESQ.

Las Vegas, Nevada 89101 Nevada Bar No. 13058 || Attorneys for Defendant 300 South 4" Street, 14 Floor Midwest Family Mutual Insurance Co. Las Vegas, Nevada 89101 10 Attorneys for Plaintiff ul Arizona Civil Constructors, Inc.

& 15 ORDER wn 16 IT IS SO ORDERED = CI vf 18 UNITED)STATE { DISTRICT JUDGE DATED: 9/29/2020