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Asmussen v. Simon Property Group, Inc., 2:18-cv-01252-JCM-PAL. (2019)

Court: District Court, D. Nevada Number: infdco20190429e37 Visitors: 18
Filed: Apr. 26, 2019
Latest Update: Apr. 26, 2019
Summary: SECOND JOINT STATUS REPORT PEGGY A. LEEN , Magistrate Judge . Pursuant to this Court's Order of March 28, 2019 (Doc. #29), Plaintiff JOHN CHARLES ASMUSSEN (hereinafter "Plaintiff") and Defendant SIMON PROPERTY GROUP, INC. (hereinafter "Defendant"), by and through their respective counsel of record, hereby submit this Joint Status Report. I. STATUS OF THIS ACTION This action arises from a trip and fall accident that occurred on April 12, 2017. Plaintiff alleges that while on Defendant's pr
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SECOND JOINT STATUS REPORT

Pursuant to this Court's Order of March 28, 2019 (Doc. #29), Plaintiff JOHN CHARLES ASMUSSEN (hereinafter "Plaintiff") and Defendant SIMON PROPERTY GROUP, INC. (hereinafter "Defendant"), by and through their respective counsel of record, hereby submit this Joint Status Report.

I. STATUS OF THIS ACTION

This action arises from a trip and fall accident that occurred on April 12, 2017. Plaintiff alleges that while on Defendant's premises, he tripped on a planter and fell, allegedly sustaining injuries as a result. Plaintiff has brought causes of action for: (1) Negligence; and (2) Negligent Hiring, Training, and/or Supervision.

On June 15, 2018, Plaintiff commenced this action in the Eighth Judicial District Court, Clark County, State of Nevada, captioned John Charles Asmussen v. Simon Property Group, Inc., a foreign corporation. A copy of the Complaint and the Summons were attached as exhibits to Defendant's Petition for Removal (Doc. #1), filed on July 9, 2018. Defendant filed its Statement Regarding Removed Action (Doc. #5) on July 24, 2018. An FRCP 26(f) conference occurred on August 24, 2018 at 9:00 a.m.

In the time since the previous Joint Status report, the parties resolved this matter via settlement. The parties submitted a Stipulation to vacate the current trial setting which was executed as an Order on February 7, 2019 (Doc. #27). While preparing the settlement documentation, Plaintiff filed a Notice of Bankruptcy (Doc. #28). On April 16, 2019, a Final Decree was filed in Plaintiff's Chapter 7 bankruptcy matter, thereby terminating the Plaintiff's bankruptcy matter. See Case No. 18-17492-abl (Doc. #27).

Defendant's counsel has submitted a proposed Settlement Agreement and Release and is awaiting correspondence from Plaintiff's counsel regarding the amount of Plaintiff's Medicare Lien so that a settlement check can be issued to Plaintiff. The parties are hopeful to submit a Stipulation and Order to dismiss this matter within 30 days of filing this Joint Status Report.

No other motions or matters are pending before this Court.

II. ACTION REQUIRED TO BE TAKEN BY THIS COURT

There are no actions required to be taken by this Court at this time.

III. ATTACHMENTS

There are no motions, responses, replies, prior court orders, or other matters requiring this Court's attention which have not previously been filed and that are not available on the civil docket.

IT IS ORDERED that the parties shall have until June 7, 2019, to either file a stipulation to dismiss with prejudice, or a joint status report advising when the stipulation to dismiss will be filed.

Source:  Leagle

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