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Case 2:12-cv-01823-JCM-NJK Document 27 Filed 07/11/13 Page 1 of 2

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

2:12-CV-1823 JCM (NJK)

FP HOLDINGS, L.C. d/b/a PALMS
CASINO RESORT,

Plaintiff(s),

v.

ZURICH AMERICAN INSURANCE
COMPANY,

Defendant(s).

ORDER

Presently before the court is defendant Zurich American Insurance Company’s motion to

dismiss. (Doc. # 6). Plaintiff FP Holdings filed a response in opposition (doc. # 7), and defendant

filed a reply (doc. # 8).

The motion became ripe while the case was before a different court in this district. Upon this

case being reassigned to this court, the parties filed a motion to consolidate with another case before
this court–National Union Fire Insurance Company of Pittsburgh, PA v. Fiesta Palm LLC et al, case

number 2:11-cv-00598-JCM-GWF. The court granted the motion to consolidate.

After the consolidation occurred, the parties in the base case, 2:11-cv-00598-JCM-GWF,

moved the court to stay the action pending the resolution of a case before the Nevada Supreme

Court. This court granted the stay.

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James C. Mahan
U.S. District Judge

Case 2:12-cv-01823-JCM-NJK Document 27 Filed 07/11/13 Page 2 of 2

The stay now moots the pending motion to dismiss. The court denies the motion to dismiss

without prejudice. The defendant in this case, Zurich American Insurance Company, may re-file its

motion to dismiss after the stay is lifted in the base case 2:11-cv-00598-JCM-GWF.

Accordingly,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant Zurich

American Insurance Company’s motion to dismiss (doc. # 6) be, and the same hereby, is DENIED

as moot.

DATED July 11, 2013.




UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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