Opinion
2:23-cv-01432-JCM-DJA
10-02-2023
NILE LEATHAM, and THE ESTATE OF MARIE LEATHAM-DAVIS, Plaintiffs, v. SAFECO INSURANCE COMPANY OF AMERICA, a foreign entity; SAFECO INSURANCE COMPANY OF ILLINOIS, a foreign entity; LIBERTY INSURANCE CORPORATION, a foreign corporation; LM GENERAL INSURANCE COMPANY, a foreign corporation DOES I through X, inclusive; and ROE CORPORATIONS I through V, inclusive, Defendants.
Amy M. Samberg (NV Bar No. 10212) Lee H. Gorlin (NV Bar No. 13879) CLYDE & CO U.S. LLP Attorneys for Defendants BOWEN LAW OFFICES Jerome R. Bowen (NV Bar No. 4540) Jeffrey W. Chronister (NV Bar No. 15194) Attorneys for Plaintiffs
Amy M. Samberg (NV Bar No. 10212)
Lee H. Gorlin (NV Bar No. 13879)
CLYDE & CO U.S. LLP Attorneys for Defendants
BOWEN LAW OFFICES
Jerome R. Bowen (NV Bar No. 4540)
Jeffrey W. Chronister (NV Bar No. 15194) Attorneys for Plaintiffs
STIPULATION AND ORDER TO DISMISS DEFENDANTS LIBERTY INSURANCE CORPORATION AND LM GENERAL INSURANCE COMPANY WITHOUT PREJUDICE
JAMES C. MAHAN UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED by Plaintiffs Nile Leatham and the Estate of Marie Leatham-Davis (collectively “Plaintiffs”) and Defendants Safeco Insurance Company of America (“SICA”), Safeco Insurance Company of Illinois (“SICI”), Liberty Insurance Corporation (“Liberty”), and LM General Insurance Company (“LM”) (collectively “Defendants”) by and through their respective counsel, that Liberty and LM shall be dismissed from this action.
SICI is the underwriting entity that issued Auto Policy No. A3370881 to Plaintiff Nile Leatham. SICA is the underwriting entity that issued Umbrella Policy No. UA4728619 to Plaintiff Nile Leatham. Neither Liberty nor LM issued any policy to any Plaintiff, and therefore neither Liberty nor LM have any contractual relationship with Plaintiffs. While SICI and SICA admit no liability whatsoever, they represent that they, and not Liberty or LM, are the entities that have any degree of privity of contract with the Plaintiffs. As such, Plaintiffs stipulate and agree to dismiss Liberty and LM from all claims contained in its Complaint.
Subject to and in consideration of this stipulation, Plaintiffs retain the right to seek leave to amend their Complaint to rename Liberty and LM if facts are discovered in the course of discovery amongst the remaining parties that would make such action appropriate. Fed R. Civ. P. 15(a)(2). The parties agree that any amended pleading renaming Liberty or LM would relate back to the initial Complaint pursuant to Federal Rule of Civil Procedure 15(c).
Accordingly, the parties hereby agree and stipulate to dismiss Liberty and LM from this action without prejudice as stated herein.
ORDER
IT IS SO ORDERED