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United Automobile Ins. Co. v. Christensen, 2:18-cv-02269-JAD-BNW. (2019)

Court: District Court, D. Nevada Number: infdco20200102608 Visitors: 5
Filed: Dec. 27, 2019
Latest Update: Dec. 27, 2019
Summary: JOINT STATUS REPORT REGARDING STAY OF DISCOVERY (ECF NO. 40) BRENDA WEKSLER , Magistrate Judge . United Automobile Insurance Company ("Plaintiff") and Thomas Christensen, E. Breen Arntz and Gary Lewis ("Defendants"), submit this Joint Status Report Regarding Stay of Discovery (ECF No. 40). Plaintiff filed its Complaint on November 28, 2018. (ECF No. 1) Defendant Christensen filed a Motion to Dismiss on February 22, 2019. (ECF No. 5) Defendant Arntz filed a Joinder to Christensen's Motion t
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JOINT STATUS REPORT REGARDING STAY OF DISCOVERY (ECF NO. 40)

United Automobile Insurance Company ("Plaintiff") and Thomas Christensen, E. Breen Arntz and Gary Lewis ("Defendants"), submit this Joint Status Report Regarding Stay of Discovery (ECF No. 40).

Plaintiff filed its Complaint on November 28, 2018. (ECF No. 1) Defendant Christensen filed a Motion to Dismiss on February 22, 2019. (ECF No. 5) Defendant Arntz filed a Joinder to Christensen's Motion to Dismiss on March 1, 2019. (ECF No. 9) Defendant Lewis filed a Joinder to Christensen's Motion to Dismiss on March 1, 2019 (ECF No. 10) and an additional Motion to Dismiss on March 1, 2019. (ECF No. 11) This Court denied the Motions to Dismiss on September 13, 2019 (ECF No. 32). As part of that Order, this Court ordered the parties to submit a Discovery Plan and Scheduling Order by September 27, 2019.

On September 27, 2019, the parties jointly sought a stay of discovery (ECF No. 33) because this lawsuit is related to a much larger dispute in cases (some of which are pending) in the Eighth Judicial District Court, Case No. A-07-549111-C (consolidated with A-18-772220-C); the Nevada Supreme Court, Case Nos. 79487, 78243, 78085, and 70504; the Ninth Circuit Court of Appeals, Case No. 13-17441; and another case in California.1

On October 4, 2019, This Court granted the Stipulation to Stay Proceedings (ECF 40). Defendants Christensen, Lewis and Arntz filed their Answers to Complaint. (ECF Nos. 34, 36 and 39).

On October 10 and 11, 2019, Defendant Christensen filed Motions for Reconsideration of this Court's September 13, 2019 (ECF No. 10) Order. (See ECF Nos. 40 and 41). On October 11, 2019, Lewis filed a Joinder to the Motion for Reconsideration (ECF No. 42). On October 15, 2019, Arntz filed a Joinder to the Motion for Reconsideration (ECF No. 43). On October 24, 2019 Plaintiff opposed the Motion for Reconsideration and Joinders (ECF No. 46). On October 31, 2019, Christensen filed his Reply in Support of Reconsideration (ECF No. 47). On December 18, 2019 Christensen sought leave to file supplemental authorities in support of his Motion for Reconsideration to this Court. (ECF Nos. 48 and 49). The parties await this Court's ruling on the Motion for Reconsideration.

The parties believe that the stay of discovery in this proceeding should remain in place pending further rulings, both in this case and in the other courts, that may resolve the issues in both this case and the pending state court case or, at a minimum, pave the way for dispositive motions. The parties request a continued stay of discovery with a status report to be filed with the Court 90 days from today's date (i.e. March 26, 2020) regarding developments from other courts considering matters that may affect this case.

DATED this 27th day of December, 2019. DATED this 27th day of December, 2019 ATKIN WINNER & SHERROD LEWIS ROCA ROTHGERBER CHRISTIE LLP By: /s/Matthew J. Douglas Matthew John Douglas By: /s/J Christopher Jorgensen Thomas E. Winner Daniel F. Polsenberg (# 2376) 1117 South Rancho J Christopher Jorgensen (# 5382) Las Vegas, Nevada 89102 Abraham Smith (# 13250) 3993 Howard Hughes Pkwy, Suite 600 Attorneys for Plaintiff Las Vegas, NV 89169 Co-Counsel for Plaintiff United DATED this 27th day of December, 2019. Automobile Insurance Company SANTORO WHITMIRE By: /s/James W. Whitmire James E. Whitmire (#6533) MARQUIS AURBACH COFFING 10100 W. Charleston Blvd., Suite 250 Las Vegas, Nevada 89135 By: /s/Brian R. Hardy Terry A. Coffing (#4949) Attorneys for Defendant Thomas Christensen Brian R. Hardy (#10068) 10001 Park Run Drive Las Vegas, Nevada 89145 December 27, 2019. Attorneys for Defendant E. Breen Arntz LIPSON NEILSON P.C. By: /s/Janeen V. Issacson Janeen V. Isaacson Lipson Neilson P.C. 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 Attorneys for Defendant Gary Lewis

IT IS SO ORDERED

FootNotes


1. In July 2019, the Nevada District Court denied UAIC's motion for relief from an amended judgment in Case No. A-07-549111-C. That decision was appealed to the Nevada Supreme Court in Case No. 79487. On September 20, 2019, the Nevada Supreme Court, in Case No. 70504, issued its Opinion regarding two certified questions (ECF Nos. 37, 38, Notice of Supreme Court Decision). The certified questions were from the Ninth Circuit, pertaining to the matters pending in Case No. 13-17441. A petition for rehearing was filed with the Nevada Supreme Court on October 8, 2019, which was denied. A Motion to Supplement the Ninth Circuit Record on Appeal was filed on November 11, 2019 (Doc. No. 67). On December 23, 2019, UAIC Opposed the Motion to Supplement the Record (Doc. No. 75). Two writ petitions were filed by Defendant Lewis and a non-party to this litigation (Nalder), which are pending decision in the Nevada Supreme Court.
Source:  Leagle

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