Country Mutual Insurance Company v. Ellis-Gunn, No. 3:2019cv00463 - Document 32 (D. Nev. 2020)
Court Description: ORDER granting ECF No. 31 Stipulation to Amend Complaint. Signed by Judge Larry R. Hicks on 7/15/2020. (Copies have been distributed pursuant to the NEF - LW)
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Country Mutual Insurance Company v. Ellis-Gunn Doc. 32 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 1 of 9 1 2 3 4 5 6 7 8 9 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 Marquis Aurbach Coffing Tye S. Hanseen, Esq. Nevada Bar No. 10365 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 thanseen@maclaw.com Local counsel for Plaintiff de Luca Levine. Benjamin D. Wharton, Esq. Three Valley Square Suite 220 Blue Bell, Pennsylvania 19422 Telephone: (215) 383-0081 Facsimile: (215) 383-0082 ddeluca@delucalevine.com Attorney for Plaintiff 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 COUNTRY MUTUAL INSURANCE COMPANY as successor to HOLYOKE MUTUAL INSURANCE COMPANY a/s/o LAKERIDGE VILLAS HOMEOWNERS ASSOCIATION, 16 Plaintiff, 17 18 Case Number: 3:19-cv-00463-LRH-WGC STIPULATION AND ORDER TO AMEND COMPLAINT vs. TYANNE ELLIS-GUN, 19 Defendant. 20 21 22 23 24 25 Counsel for Plaintiff, Country Mutual Insurance Company, and Counsel for Defendant, Tyanne Ellis- Gunn, hereby stipulate to agree to Plaintiff filing the attached Amended Complaint /// /// /// 26 27 28 Page 1 of 3 MAC:13738-004 4087838_1 Dockets.Justia.com Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 2 of 9 1 in the above captioned matter. The Amended Complaint is intended to address a typographical 2 error in the original Complaint related to the Plaintiff’s address. 3 4 Dated this 14th day of July, 2020 Dated this 14th day of July, 2020 5 MARQUIS AURBACH COFFING THORNDAL ARMSTRONG BALKENBUSH & EISINGER By:/s/ Ben Wharton/Tye S. Hanseen Tye S. Hanseen, Esq. Nevada Bar No. 10365 10001 Park Run Drive Las Vegas, Nevada 89145 Local Counsel for Plaintiff By:/s/ Michael C. Winn Michael C. Winn, Esq. Nevada Bar No. 12664 6590 S. McCarran Blvd., Suite B Reno, Nevada 89509 Attorneys for Defendant DELK 6 7 8 9 10 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 Benjamin D. Wharton, Esq. de Luca Levine, LLC Three Valley Square, Suite 220 Blue Bell, PA 19422 Attorney for Plaintiff – pro hac vice 13 14 ORDER 15 IT IS SO ORDERED: 16 DATED this 15th day of July, 2020. 17 UNITED STATES DISTRICT JUDGE 18 19 ____________________________________ DATED: LARRY R. HICKS UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 Page 2 of 3 MAC:13738-004 4087838_1 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 3 of 9 1 2 I hereby certify that I electronically filed the foregoing STIPULATION AND ORDER 3 TO AMEND COMPLAINT with the Clerk of the Court for the United States District Court by 4 using the court’s CM/ECF system on the 14th day of July, 2020. 5 6 I further certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. 7 I further certify that some of the participants in the case are not registered 8 CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or 9 have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the 10 11 following non-CM/ECF participants: N/A 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING CERTIFICATE OF SERVICE 13 /s/ Rosie Wesp an employee of Marquis Aurbach Coffing 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3 MAC:13738-004 4087838_1 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 4 of 9 Exhibit 1 Proposed Amended Complaint Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 5 of 9 1 2 3 4 5 6 7 8 9 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 Marquis Aurbach Coffing Tye S. Hanseen, Esq. Nevada Bar No. 10365 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 thanseen@maclaw.com Local counsel for Plaintiff de Luca Levine. Benjamin D. Wharton, Esq. Three Valley Square Suite 220 Blue Bell, Pennsylvania 19422 Telephone: (215) 383-0081 Facsimile: (215) 383-0082 ddeluca@delucalevine.com Attorney for Plaintiff 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 15 COUNTRY MUTUAL INSURANCE COMPANY as successor to HOLYOKE MUTUAL INSURANCE COMPANY a/s/o LAKERIDGE VILLAS HOMEOWNERS ASSOCIATION, 16 17 18 Case Number: 3:19-cv-00463-LRH-WGC AMEND COMPLAINT Plaintiff, vs. TYANNE ELLIS-GUN, 19 Defendant. 20 21 Plaintiff, Country Mutual Insurance Company as successor to Holyoke Mutual Insurance 22 Company as subrogee of Lakeridge Villas Homeowners Association (hereinafter “Plaintiff”), by 23 and through undersigned counsel, hereby demands judgment against Defendant, Tyanne Ellis- 24 Gun (hereinafter “Defendant”), and by way of Complaint against her avers as follows: PARTIES 25 26 27 1. Plaintiff is a corporation incorporated in State of Illinois, having its principal place of business at 1701 Towanda Avenue, Bloomington, Illinois. 28 Page 1 of 5 MAC:13738-004 4087846_1 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 6 of 9 1 2 3 of Nevada the insurance policy described herein. 3. At all times relevant hereto, Plaintiff provided, inter alia, property insurance to Lakeridge Villas Homeowners Association (hereinafter referred to as “subrogor”) in connection 5 with its business operations at a property that included the residence at 2104 Chicory Way in 6 Reno, Nevada (hereinafter the “subject property”). 4. In the wake of the incident described below, as a result of claims made on the 8 aforementioned policy (which were duly paid pursuant thereto), Plaintiff became subrogated to 9 certain recovery rights and interests of subrogor for monies paid thereunder, including the claims 10 11 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 At all times relevant hereto, Plaintiff was duly authorized to provide in the State 4 7 MARQUIS AURBACH COFFING 2. giving rise to this action. 5. Defendant was at all times relevant hereto an adult individual who resided at 2104 Chicory Way, Reno, Nevada. 13 14 JURISDICTION AND VENUE 6. Jurisdiction is based on 28 U.S.C. §1332(a)(1) as this action involves a 15 controversy between citizens of different states, Plaintiff being a citizen of Illinois and Defendant 16 alleged to be a citizen of Nevada; moreover, the amount in controversy exceeds the jurisdictional 17 threshold of this Court (exclusive of interest and costs). 18 19 7. Venue is proper in this district based on 28 U.S.C. §1391(a) in that the events giving rise to this claim occurred within this district. 20 21 STATEMENT OF FACTS 8. On or about April 20, 2018, a fire erupted at the subject property causing 22 substantial loss and damage to subrogor’s property, as well as the imposition of other expenses 23 and hardship besides. 24 25 26 9. The investigation as to the fire’s origin and cause revealed that it was due to Defendant’s negligent, careless, and inattentive use of a candle. 10. The fire resulted in significant harm to subrogor in an amount in excess of 27 $100,000.00; said harm was directly and proximately caused by Defendant as is more fully 28 described below. Page 2 of 5 MAC:13738-004 4087846_1 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 7 of 9 1 11. Subrogor submitted claims to Plaintiff pursuant to the aforementioned policy; 2 Plaintiff paid such claims consistent with the terms and conditions thereof, thereby becoming 3 subrogated to the recovery being pursued in this action. 4 5 6 7 Plaintiff repeats the facts and allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 13. Defendant owed subrogor a duty of care to refrain from engaging in conduct that created a foreseeable likelihood of harm to subrogor’s property and the imposition of other 9 expenses and hardship besides. 11 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 12. 8 10 MARQUIS AURBACH COFFING COUNT I – NEGLIGENCE 13 14 15 14. Defendant knew or should have known that negligent use of a candle would place subrogor and others similarly situated in risk of foreseeable harm. 15. Defendant knew or should have known that her negligent use of a candle would lead to damages to subrogor and those similarly situated. 16. Defendant’s negligence and other unlawful actions and/or omissions consisted of, but are not limited to, the following: 16 (a) Carelessly and inattentively using a candle; 17 (b) Failing to properly extinguish the candle; 18 (c) Failing to exercise the reasonable care owed to subrogor; and/or 19 (d) Otherwise acting negligently under the circumstances. 20 17. Defendant’s negligent and other unlawful actions and/or omissions were the direct 21 22 and proximate cause of the damages sustained by subrogor. 18. As a direct and proximate result of Defendant’s aforementioned negligence, 23 subrogor sustained and incurred damage to its property, as well as the imposition of other 24 expenses and hardship, in an amount in excess of $100,000.00. 25 19. Subrogor submitted claims to Plaintiff pursuant to the aforementioned policy; 26 Plaintiff paid such claims consistent with the terms and conditions thereof, thereby becoming 27 subrogated to the recovery being pursued in this action. 28 Page 3 of 5 MAC:13738-004 4087846_1 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 8 of 9 1 WHEREFORE, Plaintiff respectfully requests judgment against Defendant in an amount 2 in excess of $100,000.00, plus costs incident to this suit, delay damages, attorney fees, and for 3 such other relief as this Honorable Court shall deem appropriate under the circumstances. 4 Dated this day of July, 2020. 5 MARQUIS AURBACH COFFING 6 7 By 8 9 10 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13 Tye S. Hanseen, Esq. Nevada Bar No. 10365 10001 Park Run Drive Las Vegas, Nevada 89145 Local Counsel for Plaintiff Benjamin D. Wharton, Esq. de Luca Levine, LLC Three Valley Square, Suite 220 Blue Bell, PA 19422 Attorney for Plaintiff – pro hac 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 5 MAC:13738-004 4087846_1 Case 3:19-cv-00463-LRH-WGC Document 32 31 Filed 07/15/20 07/14/20 Page 9 of 9 1 2 I hereby certify that I electronically filed the foregoing AMENDED COMPLAINT with 3 the Clerk of the Court for the United States District Court by using the court’s CM/ECF system 4 on the 5 6 day of July, 2020. I further certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. 7 I further certify that some of the participants in the case are not registered 8 CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or 9 have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the 10 11 following non-CM/ECF participants: N/A 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING CERTIFICATE OF SERVICE 13 an employee of Marquis Aurbach Coffing 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 5 of 5 MAC:13738-004 4087846_1
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