National Union Fire Insurance Company of Pittsburgh, Pa. v. Wynn Las Vegas, LLC
- Edgardo Ramos
- 1:20-cv-03139
- U.S. District Court · Southern District of New York
- 3
In National Union v. Wynn, Judge Ramos scheduled a conference and briefing on requests involving arbitration and a Nevada lawsuit.
National Union Fire Insurance Company of Pittsburgh, Pa., Wynn Las Vegas, LLC, and Tutor-Saliba Corporation; the order set procedures for addressing National Union’s requests but did not decide the requested injunction.
What happened
National Union Fire Insurance Company of Pittsburgh, Pa. v. Wynn Las Vegas, LLC concerns National Union’s request to address a separate Nevada lawsuit involving the parties and an arbitration previously ordered by the court.
National Union asked to renew its request for an order stopping Wynn from continuing the Nevada lawsuit until arbitration ends and to clarify what issues must be arbitrated. National Union argued that the Nevada court’s decision did not prevent this court from acting.
Judge Edgardo Ramos scheduled a telephone conference, set deadlines for National Union’s supporting motion and Wynn’s opposition, and directed the clerk to terminate the identified motions. The order did not grant or deny the requested injunction.
The detailed version
- National Union Fire Insurance Company of Pittsburgh, Pa. v. Wynn Las Vegas, LLC · No. 1:20-cv-03139
- Edgardo Ramos
- Mar. 12, 2021
Background
The opinion text consists of a March 9, 2021 letter from National Union and the court’s endorsed order. National Union is litigating against Wynn Las Vegas, LLC and Tutor-Saliba Corporation in a dispute involving deductible-reimbursement payments. The letter refers to an earlier order requiring arbitration and to a separate, later-filed action in Nevada.
National Union’s requests and arguments
National Union asked for a pre-motion conference so it could renew its request for a temporary restraining order and preliminary injunction. It sought an order preventing Wynn, and Tutor-Saliba if necessary, from continuing the Nevada action until the arbitration was completed. National Union also asked the court to clarify its earlier arbitration order.
National Union argued that the Nevada court’s denial of its request to pause the Nevada action was not a final decision that barred further proceedings under claim preclusion, which is a rule that can prevent relitigation of an already decided matter. National Union also argued that the Nevada court could not bind this court and that the parties’ payment agreement required court proceedings concerning whether a dispute could be arbitrated to be brought only in the specified New York court.
National Union maintained that the arbitration should decide the entire dispute, including whether the parties’ disagreement was subject to arbitration and Wynn’s contention that National Union acted in bad faith under Nevada law. It argued that Wynn’s bad-faith allegations depended on whether Wynn actually owed the amounts National Union sought to collect.
Court’s action
The court scheduled a telephone conference for April 9, 2021, concerning National Union’s requests. It directed National Union to file support for its motion by March 19, 2021, and Wynn to file its opposition by March 26, 2021. The clerk was directed to terminate motions identified as docket entries 58 and 61.
The text does not state that the court granted or denied the requested temporary restraining order, preliminary injunction, or clarification. It also does not resolve the parties’ underlying payment, arbitration, or bad-faith disputes.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.