Lexington Insurance Company v. Scott Homes Multifamily Incorporated et al
Plaintiff: Lexington Insurance Company
Defendant: Scott Homes Multifamily Incorporated and Silverbell 290 LP
Counter_claimant: Silverbell 290 LP
Counter_defendant: Lexington Insurance Company
Case Number: 2:2012cv02119
Filed: October 8, 2012
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
County: XX US, Outside State
Presiding Judge: James A Teilborg
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. ยง 2201 Declaratory Judgment (Insurance)
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
March 31, 2016 Opinion or Order Filing 515 ORDER: IT IS ORDERED that Lexington's Renewed Motion for Judment [sic] as a Matter of Law, Motion for a New Trial, Motion to Alter or Amend the Judgment, and/or Motion for Relief from the Judgment (Doc. 499 ) is DENIED. Signed by Senior Judge James A Teilborg on 3/31/2016. (KAL)
November 10, 2015 Opinion or Order Filing 490 ORDER granting 487 Lexington's Emergency Motion to Extend the Temporary Stay of Exceuction on the Judgment (First Request). It is granted on the condition that Lexington post a bond with the Clerk of Court no later than Friday, November 13, 2015 in the amount of (1) $3,410,000.01 plus pre-judgment interest plus (2) post-judgment interest at 0.23% for seven months from the date judgment was entered. However, if Lexington either (1) fails to post the full bond by November 13, 20 15 or (2) fails to file its post-trial motions by November 27, 2015, then the stay shall automatically be lifted. If Lexington posts the full bond by November 13, 2015 and files its post-trial motions by November 27, 2015, then the stay shall continue until the Court disposes of Lexington's post-trial motions. Signed by Senior Judge James A Teilborg on 11/10/2015.(TLB)
October 30, 2015 Opinion or Order Filing 486 JUDGMENT is entered in favor of Defendants/Counterclaimants Silverbell 290 L.P. ("Silverbell") and Scott Homes Multifamily, Inc. ("Scott Homes") and orders that Silverbell shall recover from Plaintiff/Counterdefendant Lexington In surance Company ("Lexington") in the amount of $3,410,000.01 dollars. The amount of this judgment shall be subject to prejudgment interest at the rate of 10% per annum, beginning on March 5, 2013. The amount of this judgment shall be subject to post-judgment interest at the rate of 0.23% per annum. Signed by Senior Judge James A Teilborg on 10/30/15. (EJA)
February 23, 2015 Opinion or Order Filing 323 ORDER - ORDERED denying 310 Plaintiff's Motion to Reopen Discovery. FURTHER ORDERED granting in part and denying in part 281 Plaintiff's Motion for Summary Judgment. FURTHER ORDERED granting in part and denying in part 273 Defendan ts/Counterclaimants Silverbell 290 Limited Partnership and Scott Homes Multifamily, Inc.'s Motion for Summary Judgment/Summary Adjudication. FURTHER ORDERED denying 298 Plaintiff's Motion for Violation of Rule 11 and for Sanctions. FURTH ER ORDERED denying 303 Plaintiff's Notice of Errata and Motion for Replace Incorrectly-Filed Motion for Violation of Rule 11. FURTHER ORDERED that, within 14 days from the date of this Order, Defendants may move for an award of reasonable expenses, including attorneys fees, as set forth in the attached Order. (see attached Order). Signed by Senior Judge James A Teilborg on 2/23/2015.(TLB)
January 22, 2014 Opinion or Order Filing 159 ORDER denying 81 Silverbell's Motion to Strike. FURTHER ORDERED denying 53 Lexington's Motion for Summary Judgment. See attached Order for details. Signed by Senior Judge James A Teilborg on 1/22/2014.(TLB)
August 7, 2013 Opinion or Order Filing 71 ORDER granting 58 MOTION to Continue as to 53 MOTION for Summary Judgment as follows: IT IS ORDERED that Defendant Silverbell may have an additional 60 days from the date of this Order to respond to Plaintiff's Motion for Summary J udgment. In that time, it is incumbent on Defendant Silverbell to conduct targeted discovery. Such discovery must not be in the nature of a fishing expedition and any discovery disputes shall be brought to the Court's attention immediately. (See document for further details). Signed by Senior Judge James A Teilborg on 8/6/13. (LAD)
June 24, 2013 Opinion or Order Filing 56 ORDER denying 50 Defendant Scott's Motion to Reconsider Motion to Dismiss. Signed by Senior Judge James A Teilborg on 6/24/2013.(TLB)
May 29, 2013 Opinion or Order Filing 49 ORDER denying 27 Motion to Dismiss for Failure to State a Claim; denying 41 Motion to Dismiss for Failure to State a Claim. (See document for further details). Signed by Senior Judge James A Teilborg on 5/29/13. (LAD)
November 28, 2012 Opinion or Order Filing 19 ORDER that by December 19, 2012, Plaintiff shall file a supplement to the 1 complaint fully alleging federal subject matter jurisdiction, or this case will be dismissed, without prejudice, for lack of federal subject matter jurisdiction. Signed by Judge James A Teilborg on 11/27/12. (DMT)
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Plaintiff: Lexington Insurance Company
Represented By: Kelly Ann Hedberg
Represented By: Steven G Mesaros
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Defendant: Scott Homes Multifamily Incorporated
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Defendant: Silverbell 290 LP
Represented By: Thomas A Elliott
Represented By: Kyle A Israel
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Counter_claimant: Silverbell 290 LP
Represented By: Thomas A Elliott
Represented By: Kyle A Israel
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Counter_defendant: Lexington Insurance Company
Represented By: Kelly Ann Hedberg
Represented By: Steven G Mesaros
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