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Michael Rumbaugh, Plaintiff(S) Vs. State Farm Fire And Casualty Company, Defendant(S)

Case Last Refreshed: 3 years ago

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Rumbaugh, Michael, Rumbaugh, Deborah, filed a(n) General Insurance - Insurance case represented by Ronald Colquitt, against State Farm Fire And Casualty Company, represented by Martin J. Kravitz, in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Villani, Michael presiding.

Case Details for Rumbaugh, Michael v. State Farm Fire And Casualty Company , et al.

Case Number

(Subscribe to View)

Judge

Villani, Michael

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Filing Date

November 23, 2016

Category

Insurance Carrier

Last Refreshed

November 28, 2020

Practice Area

Insurance

Filing Location

Clark County, NV

Matter Type

General Insurance

Case Outcome Type

Order

Parties for Rumbaugh, Michael v. State Farm Fire And Casualty Company , et al.

Plaintiffs

Rumbaugh, Michael

Rumbaugh, Deborah

Attorneys for Plaintiffs

Ronald Colquitt

Defendants

State Farm Fire And Casualty Company

Attorneys for Defendants

Martin J. Kravitz

Case Events for Rumbaugh, Michael v. State Farm Fire And Casualty Company , et al.

Date Type Description
January 07, 2019 Docket Event Case Reassigned to Department 18
Judicial Reassignment - From Judge Villani to Judge Holthus
October 16, 2017 Docket Event Satisfaction of Judgment
October 02, 2017 Docket Event Arbitration File
September 18, 2017 Docket Event Notice of Entry of Order
September 15, 2017 Docket Event Order Granting Motion
Order Granting Defendant State Farm Fire and Casualty Company's Motion to Enforce Settlement and Denying Plaintiffs Michael and Deborah Rumbaugh's Countermotion to Enforce Settlement
August 09, 2017 Docket Event Motion to Enforce
Defendant State Farm Fire and Casualty Company's Motion to Enforce Settlement
Defendant State Farm Fire and Casualty Company s Motion to Enforce Settlement came before this Court on the August 9, 2017, Chamber Calendar. This Court, having reviewed the pleadings and papers on file rules as follows: When a party fails to accept an offer and a subsequent offer is made, the prior offer is deemed to be revoked. Pravorne v. McLeod, 383 P.2d 855, 855, 79 Nev. 341, 342 (Nev.1963) (internal quotation marks and citation omitted) (citing Doud v. Yellow Cab of Reno, Inc., 3:13-CV-00664-WGC, 2015 WL 4874701, at *11 (D. Nev. Aug. 14, 2015). In the instant matter, the February 20, 2017 offer was rejected by Plaintiffs April 10, 2017 Offer of Judgment. Any subsequent offer revoked a prior offer. Further, Defendant s April 25, 2017 Offer of Judgment was clear an unambiguous in its terms by referencing all claims. Nothing in the Offer of Judgment indicates it should be read in conjunction with the February 20, 2017 offer. Moreover, Plaintiffs acceptance of this Offer of Judgment was also a clear and unambiguous assent to the terms. A settlement agreement is a contract and is therefore governed by contract law. May v. Anderson, 121 Nev. 668, 119 P.3d 1254 (2005). When analyzing contract principals, a Court does not go outside the four corners of the document unless the terms are vague and unambiguous. Here, the Court finds that the Offer of Judge was neither vague nor ambiguous. Therefore, COURT ORDERED Defendant State Farm Fire and Casualty Company s Motion to Enforce Settlement GRANTED. Counsel for Defendant is directed to submit a proposed order consistent with the foregoing within ten (10) days after counsel is notified of the ruling and distribute a filed copy to all parties involved pursuant to EDCR 7.21. Such Order should set forth a synopsis of the supporting reasons proffered to the Court in briefing and be approved as to form and content by all parties. CLERK'S NOTE: A copy of this minute order was placed in the attorney folder(s) of Ronald Colquitt, Esq. and Martin Kravitz, Esq.//ob/08/29/17.

Judge: Villani, Michael
August 09, 2017 Docket Event All Pending Motions
Vacated

Judge: Villani, Michael
August 09, 2017 Docket Event Opposition and Countermotion
Plaintiffs' Opposition and Countermotion to Enforce Settlement Agreement
Plaintiff's Countermotion to Enforce Settlement came before this Court on the August 9, 2017, Chamber Calendar. This Court, having reviewed the pleadings and papers on file rules as follows: The Court previously entered a minute order granting Defendant State Farm Fire and Casualty Company's Motion to Enforce Settlement. Therefore, based upon the ruling in the prior minute order, Plaintiff s Countermotion to Enforce Settlement is DENIED. Counsel for Defendant is directed to submit a proposed order consistent with the foregoing within ten (10) days after counsel is notified of the ruling and distribute a filed copy to all parties involved pursuant to EDCR 7.21. Such Order should set forth a synopsis of the supporting reasons proffered to the Court in briefing and be approved as to form and content by all parties. CLERK'S NOTE: A copy of this minute order was placed in the attorney folder(s) of Ronald Colquitt, Esq. and Martin Kravitz, Esq.//ob/08/29/17.

Judge: Villani, Michael
August 02, 2017 Docket Event Reply in Support
Defendant State Farm Fire and Casualty Company's Reply in Support of Motion to Enforce Settlement and Opposition to Plaintiffs' Motion to Enforce Settlement
July 25, 2017 Docket Event Opposition and Countermotion to Enforce Settlement Agreement
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