Arch Insurance Company v. Hardy et al
| Arch Insurance Company |
| Daniel Hardy, Scott Thayer and Cindy Thayer |
| 2:2023cv00370 |
| March 8, 2023 |
| US District Court for the District of Nevada |
| Cristina D Silva |
| Elayna J Youchah |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 35 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/9/2023. Plaintiff Arch Insurance Company seeks final discharge from this interpleader action. ECF No. #32 . While Arch titles its motion as a motion to dismiss itself, I construe it as a motion for final discharge. See Fed. R. Civ. P. 8(e) ("Pleadings must be construed so as to do justice."). And Arch has met its burden to be discharged. See Genworth Life & Annuity Ins. Co. v. Ruckman, 2019 WL 6255480 (D. Nev. Nov. 22, 2019) (describing motions for final discharge in the interpleader context). The defendants who have responded do not oppose Arch's motion. ECF No. #33 . Defendant Daniel Hardy has not responded, despite the deadline to respond passing on July 26, 2023. Regardless, Arch has deposited the entire disputed amount with this court such that it is a disinterested party. ECF No. 29 . And all counterclaims against it have been withdrawn or dismissed as well. ECF No. #21 . Based on the responding defendants' non-opposition and Archs position as a disinterested party that faces no remaining claims in this action, IT IS HEREBY ORDERED that Arch Insurance Company is discharged from this case. IT IS FURTHER ORDERED that Arch is released from all further liability in connection with the subject policy and the interpleader proceeds herein. (no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
| Filing 34 NON-OPPOSITION to #32 Motion to Dismiss by Counter Defendant Arch Insurance Company, Plaintiff Arch Insurance Company. (Todd, Dylan) |
| Filing 33 NON-OPPOSITION to #32 Motion to Dismiss by Defendants Cindy Thayer, Scott Thayer. (McGaha, William) |
| Filing 32 MOTION to Dismiss #28 Order Authorizing Interpleader Deposit - Sec. 1335,,, #31 Certificate of Cash Deposit, #30 Notice (Other) by Plaintiff Arch Insurance Company. Responses due by 7/26/2023. (Todd, Dylan) |
| Filing 31 CERTIFICATE of Cash Deposit as to Dylan P. Todd, Esq.: $ 1,000,000.0, receipt number 4450. Re #28 Order. (Attachments: #1 Cover Letter, #2 Receipt #4450) (JQC) |
| Filing 30 NOTICE Notice of Deposit of Interplead Funds Pursuant to Court Order by Arch Insurance Company re #28 Order Authorizing Interpleader Deposit - Sec. 1335,,,.. (Attachments: #1 Exhibit Certificate of Cash Deposit)(Todd, Dylan) |
| Filing 29 MINUTES OF PROCEEDINGS - Scheduling Conference held on 6/7/2023 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Dylan Todd via zoom; Def Counsel: Robert Jensen via zoom and William McGaha in person; Recording start and end times: 1:37p.m. - 1:44p.m.; Courtroom: 3D; The Court makes preliminary remarks and hears representations of counsel regarding status of this case. Parties are to file a joint status report on or before September 5, 2023 as discussed in open court. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
Filing 28
ORDER Granting #25 Motion for Interpleader Deposit of Disputed Ownership Funds (28 U.S.C. Section 1335) Authorized deposit in the amount of $$1,000,000.00. Signed by Magistrate Judge Elayna J. Youchah on 6/1/2023. (Copies have been distributed pursuant to the NEF -cc: Finance - JQC)
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| Filing 27 NON-OPPOSITION to #25 Motion for Interpleader Deposit Disputed Ownership Funds - Sec. 1335 by Defendant Daniel Hardy. (Jensen, Robert) |
| Filing 26 NON-OPPOSITION to #25 Motion for Interpleader Deposit Disputed Ownership Funds - Sec. 1335 by Defendants Cindy Thayer, Scott Thayer. (McGaha, William) |
| Filing 25 MOTION for Interpleader Deposit of Disputed Ownership Funds (28 U.S.C. Section 1335) by Plaintiff Arch Insurance Company. Responses due by 6/9/2023. (Todd, Dylan) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/25/2023. By Law Clerk: C. Ponder. Before the Court is the parties' Stipulation for Defendant's Counsel to Attend Scheduling Conference by Zoom. ECF No. #23 . IT IS HEREBY ORDERED that the parties' Stipulation for Defendant's Counsel to Attend Scheduling Conference by Zoom (ECF No. #23 ) is GRANTED. IT IS FURTHER ORDERED that counsel shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, no later than 12:00 p.m. on June 6, 2023, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses for counsel participants. The courtroom deputy shall email all participants with the Zoom link. IT IS FURTHER ORDERED that persons granted with remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
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Filing 23
STIPULATION and Order for Defendant's Counsel to Attend Scheduling Conference Via Zoom by Counter Claimant Daniel Hardy. (Jensen, Robert) (other) (presiding)
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| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/19/2023. By Judicial Assistant: E. Santiago.Pending before the Court is Plaintiff Arch Insurance Company's Motion for Scheduling Conference Pursuant to Local Rule 22-1 (ECF No. #19 ). No response to the Motion was timely filed. The Motion seeks a scheduling conference in accordance with Local Rule 22-1. Under Local Rule 7-2(d) the failure of a non movant to oppose a motion may be treated by the Court as agreement that the Court should grant the motion. Accordingly, IT IS HEREBY ORDERED that Plaintiff Arch Insurance Company's Motion for Scheduling Conference Pursuant to Local Rule 22-1 (ECF No. #19 ) is GRANTED.IT IS FURTHER ORDERED that an in-person scheduling conference is set for June 7, 2023 at 1:30 p.m. in Courtroom 3D. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
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Filing 21
ORDER Granting #20 Stipulation Withdrawing Counterclaims of Daniel Hardy, Scott Thayer and Cindy Thayer. Signed by Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - JQC)
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| Filing 20 STIPULATION and Proposed Order Withdrawing Counterclaims of Daniel Hardy, Scott Thayer and Cindy Thayer re #13 Answer to Complaint,,, Counterclaim,, #1 Complaint,, #15 Answer to Complaint, Counterclaim by Plaintiff Arch Insurance Company. (Todd, Dylan) (other) (presiding) |
| Filing 19 MOTION for Scheduling Conference Pursuant to Local Rule 22-1 by Plaintiff Arch Insurance Company. Responses due by 5/18/2023. (Todd, Dylan) (misc) (presiding) |
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Filing 18
ORDER Granting #17 Stipulation for Extension of Time to Answer #13 Counterclaims. Responses to the counterclaims due by 5/10/2023. Signed by Magistrate Judge Elayna J. Youchah on 4/26/2023. (Copies have been distributed pursuant to the NEF - JQC) Modified - Linked to #13 Answer/Counterclaim on 5/2/2023 (KF).
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| Filing 17 First STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Counterclaims re #13 Answer to Complaint,,, Counterclaim,, #15 Answer to Complaint, Counterclaim by Plaintiff Arch Insurance Company. (Todd, Dylan) (extend) (answer) |
| Filing 16 CERTIFICATE of Interested Parties by Daniel Hardy that identifies all parties that have an interest in the outcome of this case.. (Jensen, Robert) |
| Filing 15 ANSWER to #1 Complaint,, , COUNTERCLAIM against All Plaintiffs by Daniel Hardy. filed by Daniel Hardy.(Jensen, Robert) |
| Filing 14 CERTIFICATE of Interested Parties by Cindy Thayer, Scott Thayer. There are no known interested parties other than those participating in the case. (McGaha, William) |
| Filing 13 ANSWER to #1 Complaint,, ( Certificate of Interested Parties due by 4/15/2023., Discovery Plan/Scheduling Order due by 5/20/2023.), COUNTERCLAIM against Arch Insurance Company by Cindy Thayer, Scott Thayer. filed by Cindy Thayer, Scott Thayer.(McGaha, William) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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Filing 12
ORDER Granting #10 Stipulation to Extend Deadline to Answer #1 Complaint. Daniel Hardy answer due 4/13/2023. Signed by Magistrate Judge Elayna J. Youchah on 4/4/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing 11
ORDER Denying as moot #9 Stipulation for Extension of time. See ECF No. #10 . Signed by Magistrate Judge Elayna J. Youchah on 4/4/2023.(Copies have been distributed pursuant to the NEF - KF)
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| Filing 10 First STIPULATION and Order for Extension of Time to Respond to Complaint in Interpleader by Defendant Daniel Hardy. (Jensen, Robert) (other) (presiding) |
| Filing 9 Joint STIPULATION and Order for Extension of Time to Respond to Complaint in Interpleader by Defendant Daniel Hardy. (Jensen, Robert) (other) (presiding) |
| Filing 8 SUMMONS Returned Executed by Arch Insurance Company re #7 Summons Issued. Daniel Hardy served on 3/14/2023. (Todd, Dylan) |
| Filing 7 SUMMONS ISSUED as to All Defendants re #1 Complaint. (Attachments: #1 Summons, #2 Summons) (TRW) |
| Filing 6 PROPOSED SUMMONS to be issued Cindy Thayer by Plaintiff Arch Insurance Company. (Todd, Dylan) |
| Filing 5 PROPOSED SUMMONS to be issued to Scott Thayer by Plaintiff Arch Insurance Company. (Todd, Dylan) |
| Filing 4 PROPOSED SUMMONS to be issued to Daniel Hardy by Plaintiff Arch Insurance Company. (Todd, Dylan) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - KF) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (KF) |
| Filing 2 CERTIFICATE of Interested Parties by Arch Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Arch Reinsurance Company, Corporate Parent Arch Capital Group Ltd. for Arch Insurance Company added.. (Todd, Dylan) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7229985) by Arch Insurance Company. Certificate of Interested Parties due by 3/18/2023. Proof of service due by 6/6/2023. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet) (Todd, Dylan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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