Arizona Civil Constructors, Inc. v. Colony Insurance Company

ROBERT E. SCHUMACHER, ESQ.

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

Nevada Bar No. 13285 GORDON REES SCULLY MANSUKHANI, LLP 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] 8 [email protected] Attorneys for Defendant, MIDWEST FAMILY MUTUAL INSURANCE COMPANY UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ARIZONA CIVIL CONSTRUCTORS, INC., a ) CASE NO. 2:20-cv-00010-JAD-DJA Nevada corporation, ) 14 ) STIPULATION AND ORDER TO Plaintiff, ) EXTEND MIDWEST FAMILY ) MUTUAL INSURANCE 16 vs. ) COMPANY’S DEADLINE TO ) FILE RESPONSE TO FIRST COLONY INSURANCE COMPANY; HDI ) AMENDED COMPLAINT [ECF GLOBAL SPECIALTY SE, fka INTERNATIONAL ) NO. 39] INSURANCE COMPANY OF HANNOVER SE; ) MIDWEST FAMILY MUTUAL INSURANCE ) [SECOND REQUEST] COMPANY; DOES I-X, inclusive; and ROE ) CORPORATIONS I-X, inclusive, ) ) 21 Defendants. ) ) 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, stipulate as stated below.

STIPULATION 1. On August 25, 2020, the Court issued an order granting Midwest’s Motion to Dismiss ACC’s First Amended Complaint (“Order”). See ECF No. 36.

2 2. In its Order, the Court permitted ACC leave to amend its Complaint no later than September 4, 2020. Id., p. 16.

4 3. ACC filed a First Amended Complaint [ECF No. 39] on September 4, 2020.

5 4. Midwest’s response deadline is September 18, 2020.

6 5. On September 18, 2020, Midwest and ACC submitted a Joint Stipulation and Order to Extend Midwest’s Deadline to Respond to Plaintiff’s First Amended Complaint. See ECF No. 45. Midwest requested additional time to file its response up to and including September 25, 2020.

10 6. The joint stipulation was denied by this Court for lack of information necessary for the Court to determine whether good cause exists for the requested extension. See ECF No. 46.

13 7. Midwest and ACC hereby submit this second request, which provides further details with respect to the basis for Midwest’s sought extension for more time.

15 8. Midwest requests a seven (7) day extension, up to and including September 25, 2020, to file its response to ACC’s First Amended Complaint.

17 9. Midwest requires additional time to assess the 747 pages of documents attached to Plaintiff’s First Amended Complaint, and to confer with counsel, in order to determine whether to file a dispositive motion or a responsive pleading.

20 10. ACC does not oppose Midwest’s requested extension.

21 11. Accordingly, Midwest will file its response to ACC’s Complaint on September 25, 2020.

23 /// /// /// /// /// 1 12. This stipulation is not made for purposes of delay.

2 || DATED this 21“ day of September 2020. DATED this 21° day of September 2020.

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

4 MANSUKHANI, LLP /s/ Dione C. Wrenn /s/ Chelsie A. Adams ROBERT E. SCHUMACHER, ESQ. JOHN RANDALL JEFFERIES, ESQ.

6 || Nevada Bar No. 7504 Nevada Bar No. 3512 DIONE C. WRENN, ESQ. CHELSIE A. ADAMS, ESQ.

7 || Nevada Bar No. 13285 Nevada Bar No. 13058 300 South 4" Street, Suite 1550 300 South 4" Street, 14" Floor |] Las Vegas, Nevada 89101 Las Vegas, Nevada 89101 Attorneys for Defendant Attorneys for Plaintiff Midwest Family Mutual Insurance Arizona Civil Constructors, Inc. || Company

IT IS SO ORDERED.

13 - 14 : 5 5 UNITED STATES\MAGISTRATE JUDGE 16 DATED: September 21, 2020 o Ov.1 28