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WATERTON GLOBAL MINING COMPANY, LLC v. CUMMINS ROCKY MOUNTAIN, LLC

No. 3:14-cv-0405-RCJ-VPC.

WATERTON GLOBAL MINING COMPANY, LLC and CHUBB INSURANCE COMPANY OF CANADA, Plaintiffs, v. CUMMINS ROCKY MOUNTAIN, LLC, CUMMINS, INC., and DOES 1-40, inclusive, Defendants.

United States District Court, D. Nevada.

February 19, 2015.

Attorney(s) appearing for the Case

Chubb Insurance Company of Canada, Plaintiff, represented by Bradley G Grumbley , Cozen O'Connor, Damon A Schuetze , Schuetze & McGaha, P.C., Gilbert Hernandez , Cozen O'Connor & Thomas M. Regan , Cozen O'Connor.

Waterton Global Mining Company, LLC, Plaintiff, represented by Bradley G Grumbley , Cozen O'Connor, Damon A Schuetze , Schuetze & McGaha, P.C., Gilbert Hernandez , Cozen O'Connor & Thomas M. Regan , Cozen O'Connor.

Cummins Rocky Mountain, LLC, Defendant, represented by Jeremy M Welland , Hall, Jaffe & Clayton, Steven T. Jaffe , Hall Jaffe & Clayton, LLP & Ryan Bashor , Hall Jaffe & Clayton LLP.

Cummins, Inc., Defendant, represented by Jay A. Felton , Lathrop & Gage LLP, John A. Felton , Lathrop & Gage, Kevin M Kuhlman , Lathrop & Gage, Sean P Connell , Palumbo Bergstrom LLP & James E. Dallner , Lathrop & Gage LLP.

Cummins, Inc., Counter Claimant, represented by James E. Dallner , Lathrop & Gage LLP, John A. Felton , Lathrop & Gage, Kevin M Kuhlman , Lathrop & Gage & Sean P Connell , Palumbo Bergstrom LLP.

Cummins Rocky Mountain, LLC, Counter Defendant, represented by Jeremy M Welland , Hall, Jaffe & Clayton & Steven T. Jaffe , Hall Jaffe & Clayton, LLP.

Cummins Rocky Mountain, LLC, Cross Complainant, represented by Jeremy M Welland , Hall, Jaffe & Clayton & Steven T. Jaffe , Hall Jaffe & Clayton, LLP.

Cummins, Inc., Cross Defendant, represented by James E. Dallner , Lathrop & Gage LLP, John A. Felton , Lathrop & Gage, Kevin M Kuhlman , Lathrop & Gage, Sean P Connell , Palumbo Bergstrom LLP & Erik D. Buzzard , Palumbo Bergstrom LLP.

ORDER

ROBERT C. JONES, District Judge.

This case arises out of property damage caused by a fire that started in Defendants Cummins, Inc. and Cummins Rocky Mountain, LLC's ("CMR") (collectively "Defendants") allegedly defective engine. Pending before the Court are Defendants' Motion to Dismiss (ECF No. 29) and Motion in Limine (ECF No. 26).

I. FACTS AND PROCEDURAL HISTORY

On December 14, 2011, a fire started at the Hollister Mine facility...

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