Philadelphia Indemnity Insurance Company v. Five Star Restaurants, LLC et al
Plaintiff: Philadelphia Indemnity Insurance Company
Defendant: Five Star Restaurants, LLC, Michelina Scotto, Vincent Scotto and Westbury Manor Enterprises, Inc.
Case Number: 2:2017cv00871
Filed: March 24, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Andrew P. Gordon
Presiding Judge: Peggy A. Leen
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 30, 2019 Opinion or Order Filing 113 ORDER Granting in part 95 Motion for Summary Judgment. IT IS FURTHER ORDERED the clerk of the court enter judgment accordingly. Signed by Judge Andrew P. Gordon on 9/30/2019. (Copies have been distributed pursuant to the NEF - MR)
June 12, 2019 Opinion or Order Filing 107 ORDER for Release of Funds. IT IS ORDERED that the parties shall file a stipulation to submit to a settlement conference on the remaining attorney fees issue by 7/3/19. If the parties do not stipulate to a settlement conference, then they are to file supplemental briefs regarding the remaining attorney fees issue by 7/18/19. Signed by Judge Andrew P. Gordon on 6/12/2019. (Copies have been distributed pursuant to the NEF - JQC)
February 19, 2019 Opinion or Order Filing 98 ORDER Granting 97 Stipulation to Extend Time Re: 95 Motion for Summary Judgment. Responses due by 2/25/2019. Replies due by 3/11/2019. Signed by Judge Andrew P. Gordon on 2/19/2019. (Copies have been distributed pursuant to the NEF - ADR)
December 27, 2018 Opinion or Order Filing 93 ORDER granting 92 Stipulation to Vacate Settlement Conference set for January 4, 2019 at 9:30 am. Signed by Magistrate Judge Peggy A. Leen on 12/27/2018. (Copies have been distributed pursuant to the NEF - MMM)
November 8, 2018 Opinion or Order Filing 91 ORDER denying 90 Stipulation; Signed by Magistrate Judge Peggy A. Leen on 11/8/2018. (Copies have been distributed pursuant to the NEF - JM)
October 10, 2018 Opinion or Order Filing 88 ORDER granting 87 Stipulation for Settlement Conference; Motions due by 2/4/2019. Proposed Joint Pretrial Order due by 3/6/2019. Signed by Magistrate Judge Peggy A. Leen on 10/9/2018. (Copies have been distributed pursuant to the NEF - JM)
May 17, 2018 Opinion or Order Filing 85 ORDER Re: 84 Status Conference re Briefing Schedule on Distribution of the Escrow Funds. Signed by Judge Andrew P. Gordon on 5/17/2018. (Copies have been distributed pursuant to the NEF - ADR)
April 2, 2018 Opinion or Order Filing 79 ORDER Granting 78 Stipulation to Withdraw without prejudice 52 Motion to Compel and vacate the hearing set for 4/3/2018 at 10:00 a.m. Signed by Magistrate Judge Peggy A. Leen on 4/2/2018. (Copies have been distributed pursuant to the NEF - SLD)
March 14, 2018 Opinion or Order Filing 77 ORDER that: The amount of $100,000.00 shall be immediately released to Philadelphia Indemnity Insurance from the Omni Abstract Corp. Escrow Account No. 020722184 ("Escrow Account"); The amount of $326,189.00 shall be immediately r eleased to Westbury Manor Enterprises, Inc. from the Escrow Account; The balance of $250,000.00 shall remain in the Escrow Account pending further order from this Court; The Parties shall continue to work together to agree upon the distribution of the remaining $250,000.00 in the Escrow Account; and In the absence of a mutual resolution, the Parties shall appear before the Court for a Status Check on May 16, 2018 at 9:00 a.m. to discuss additional distributions. Each side shall file a brief no longer than five pages proposing how the proceeds should be distributed and providing the basis for their respective proposals. The briefs shall be filed no later than 5:00 p.m. on Wednesday, May 9, 2018. Should an agreement be reached, the parties shall submit a stipulation and proposed order and the Court will vacate the May 16, 2018 Status Check. Signed by Judge Andrew P. Gordon on 3/14/2018. (Copies have been distributed pursuant to the NEF - MMM)
March 5, 2018 Opinion or Order Filing 68 ORDER Approving 67 Stipulation to Continue Hearing re: 52 Motion to Compel. Responses due by 3/19/2018. Replies due by 3/26/2018. FURTHER ORDERED that defendants shall have until March 19, 2018, to file a response to the motion, and plaintiff shall have until March 26, 2018, to file a reply. The hearing in this matter is CONTINUED from March 6, 2018, to 10:00 a.m., April 3, 2018, in Courtroom 3B. Signed by Magistrate Judge Peggy A. Leen on 3/5/2018. (Copies have been distributed pursuant to the NEF - MMM)
February 26, 2018 Opinion or Order Filing 66 ORDER Setting Briefing Schedule on Distribution of Sales Proceeds. Hearing reset for 3/13/2018 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Brief due by 3/8/2018. Signed by Judge Andrew P. Gordon on 2/26/2018. (Copies have been distributed pursuant to the NEF - ADR)
January 19, 2018 Opinion or Order Filing 59 ORDER Granting 57 Stipulation to Extend Time to Respond re: 52 Motion to Compel. Responses due by 1/19/2018. Signed by Magistrate Judge Peggy A. Leen on 1/19/2018. (Copies have been distributed pursuant to the NEF - MMM)
January 4, 2018 Opinion or Order Filing 56 ORDER Granting 55 Stipulation to Extend Time to Respond re: 52 Motion to Compel. Responses due by 1/8/2018. Signed by Magistrate Judge Peggy A. Leen on 1/4/2018. (Copies have been distributed pursuant to the NEF - MMM)
October 2, 2017 Opinion or Order Filing 51 ORDER that 17 Preliminary Injunction remains in place. Philadelphia Indemnity Insurance Company ("Philadelphia") will pay the undisputed amounts identified in the Joint Status Report (ECF No. 47 ) in exchange for appropriate releases f rom each claimant and is to coordinate with Five Star Restaurants, LLC, Westbury Manor Enterprises, Inc., Vincent Scotto, and Michelina Scotto (the "Indemnitors") in so doing. The Indemnitors are to replenish the collateral paid beginning w ith a deposit of $100,000.00 on or before December 31, 2017. The Court anticipates requiring another deposit in early 2018. The Parties will come before the Court for a status check on January 31, 2018 at 9:00 A.M. to discuss additional deposits. The Parties are to continue to discuss whether they can stipulate to any alteration to the total amount of collateral security required. Signed by Judge Andrew P. Gordon on 10/2/17. (Copies have been distributed pursuant to the NEF - MMM)
August 7, 2017 Opinion or Order Filing 48 ORDER Scheduling Hearing for Tuesday, August 29, 2017 at 4:00 p.m. in Las Vegas Courtroom 6C. Should an agreement be reached, the parties are to submit a stipulation and proposed order the the court will vacate the hearing. Signed by Judge Andrew P. Gordon on 8/7/17. (Copies have been distributed pursuant to the NEF - MMM)
June 29, 2017 Opinion or Order Filing 39 JUDGMENT on Attorney Fees in favor of Philadelphia Indemnity Insurance Company in the amount of $7,462.50 against defendants Five Star Restaurants, LLC, Westbury Manor Enterprises, Inc., Michelina Scotto, Vincent Scotto, jointly and severally. Signed by Clerk of Court Debra K. Kempi on 6/29/17. (Copies have been distributed pursuant to the NEF - MMM)
March 31, 2017 Opinion or Order Filing 17 PRELIMINARY INJUNCTION. Signed by Judge Andrew P. Gordon on 3/31/17, nunc pro tunc to March 30, 2017 at 10:35 a.m. (Copies have been distributed pursuant to the NEF - MMM)
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Defendant: Five Star Restaurants, LLC
Represented By: Becky A Pintar
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Defendant: Michelina Scotto
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Defendant: Vincent Scotto
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Defendant: Westbury Manor Enterprises, Inc.
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Plaintiff: Philadelphia Indemnity Insurance Company
Represented By: Jordan Ford Faux
Represented By: Kurt C Faux
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