1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 * * *

7 ALLIED WORLD SPECIALTY Case No. 2:21-CV-78 JCM (EJY) INSURANCE COMPANY, et al., 8 ORDER Plaintiff(s), 9 v. 10 LISA M. LEE, et al., 11 Defendant(s). 12

13 Presently before the court is defendant Ryan McClaran’s (“McClaran”) motion for the 14 court to abstain from this action and dismiss the complaint. (ECF No. 23). Plaintiffs Allied 15 World Insurance Company and Allied World Specialty Insurance Company (collectively 16 “Allied World”) responded in opposition (ECF No. 33), to which McClaran replied (ECF 17 No. 39). 18 Also before the court is former1 defendants Joyce Sirianni (“Sirianni”) and Lisa M. 19 Lee, as special administrator of the Estate of Demetrios A. Dalacas, Esq.’s (“Lee”), motion 20 to abstain and dismiss. (ECF No. 31). Allied World responded in opposition (ECF No. 34), 21 to which Sirianni and Lee replied (ECF No. 40). 22 Also before the court is the parties’ joint motion for an extension of time for 23 McClaran, Sirianni, and Lee to file replies in support of their respective motions to dismiss, 24 (ECF No. 35). 25

26 1 On October 21, 2021, the court substituted new defendant Jasen Cassady for defendant 27 Lisa Lee since Mr. Cassedy replaced Ms. Lee as the newly appointed special administrator of the Estate of Demetrios A. Dalacas. (ECF No. 53). Further, on January 5, 2022, Allied World 28 voluntarily dismissed defendant Joyce Sirianni from this action, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (ECF No. 56). 1 It has come to the court’s attention that the alleged parallel state court action, Joyce 2| Sirianni v. Allied World Insurance Company, Case No. A-19-806875-B (Clark Cty., Nev. Dist. Ct.), that serves as the basis for the motions to dismiss filed by McClaran, Sirianni, and Lee, 4| has now been dismissed. (ECF No. 57-2). Thus, there is no pending, parallel state court 5 | action at issue—which is a precondition for seeking abstention in federal court. See Colo. 6 | River Water Conservation Dist. v. United States,

(1976). 7 Accordingly, 8 IT IS HEREBY ORDERED, ADJUDGED, and DECREED that all pending motions 9} (ECF Nos. 23, 31, 35), be, and the same hereby are, DENIED, as moot. 10 DATED March 29, 2022. 1 tis ©. Atala D UNITEL STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

es C. Mahan District Judge _2-