Progressive Casualty Insurance Company v. Delaney et al

Filing 211

ORDER granting 209 Stipulation to extend stay of proceedings. All proceedings in this case are stayed until January 30, 2015 to allow the parties to finalize settlement and dismissal paperwork. The parties will file a supplemental status report by January 30, 2015 advising the court when they expect to finalize their settlement and file a stipulation for dismissal. Signed by Judge Larry R. Hicks on 1/22/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:11-cv-00678-LRH-PAL Document 208 Filed 01/16/15 Page 1 of 4

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MORRIS LAW GROUP

900 BANK OF AMERICA PLAZA ∙ 300 SOUTH FOURTH STREET ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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MORRIS LAW GROUP
Robert McCoy, No. 9121
Email: [e-mail]
Joni A. Jamison, No. 11614
Email: [e-mail]
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101
Telephone: [phone]
LEE, HONG, DEGERMAN, KANG & WAIMEY
Eric D. Olson (pro hac vice)
Email: [e-mail]
3501 Jamboree Road, Suite 6000
Newport Beach, California 92660
Telephone: [phone]
LOWENSTEIN SANDLER LLP
Andrew M. Reidy (pro hac vice)
Email: [e-mail]
Catherine J. Serafin (pro hac vice)
Email: [e-mail]
Joseph M. Saka (pro hac vice)
Email: [e-mail]
2200 Pennsylvania Avenue NW
Washington, DC 20037
Telephone: [phone]
Attorneys for Intervenor Federal Deposit
Insurance Corporation as Receiver for
Sun West Bank
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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PROGRESSIVE CASUALTY
INSURANCE COMPANY,

)
)
)
Plaintiff,
)
v.
)
JACKIE K. DELANEY; LARRY E. )
)
CARTER; MARK A. STOUT;
KENNETH TEMPLETON; JOHN )
SHIVELY; STEPHEN C. KALB; )
)
JEROME F. SNYDER; HUGH
)
TEMPLETON; and RICK
)
DRESCHLER,
)
)
Defendants.

Case No. 2:11-cv-00678-LRH-PAL
STATUS REPORT AND
STIPULATION TO EXTEND
STAY OF PROCEEDINGS
(FOURTH REQUEST)

Case 2:11-cv-00678-LRH-PAL Document 208 Filed 01/16/15 Page 2 of 4

Pursuant to the Court's January 7, 2015 Order, the parties hereby

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submit this status report and further stipulate and request that the Court

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stay all deadlines in this case until January 30, 2015, based on the following:
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MORRIS LAW GROUP

900 BANK OF AMERICA PLAZA ∙ 300 SOUTH FOURTH STREET ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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guidance of mediator Ken Kendrick of Kendrick Conflict Resolution.
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After lengthy negotiations, the parties reached a settlement

in principle.
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On November 19, 2014, the parties mediated under the

While some of the corporate parties got final authority for

the agreement in principle to become a final agreement, the parties filed a

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stipulation on November 21, 2014 (#200) to stay all proceedings for ten days.

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On November 25, 2014, the Court entered an order to stay proceedings until

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December 2, 2014.
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To allow the parties time to prepare the final settlement

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agreement and dismissal paperwork, the parties filed a stipulation on

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November 26, 2014 (#202) to stay all proceedings until December 29. On

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November 28, 2014, the Court entered an order staying proceedings until

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December 29, 2014 and ordering the parties to file a status report by January

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6, 2015 advising the court when they expect to finalize their settlement and

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file a stipulation for dismissal. At the parties' joint request, on December 29,

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2015 (#205), the Court further extended the stay until January 16, 2015 to

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allow the parties to finalize settlement and dismissal paperwork. On

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January 7, 2015 (#207), after the parties filed their joint status report, the

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Court ordered the parties to submit a revised status report by January 16,

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2015.

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6.

The parties have exchanged draft settlement agreements

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and dismissal paperwork, held teleconferences, and are discussing some of

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the terms of their agreement. Due to the number of parties involved, the

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process has been lengthy but the remaining terms under discussion are
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Case 2:11-cv-00678-LRH-PAL Document 208 Filed 01/16/15 Page 3 of 4

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limited. The parties are trying to complete the settlement agreement by

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January 30, 2015, and will promptly advise the Court if any issues arise.
7.

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The cost of completing the upcoming briefing and

MORRIS LAW GROUP

discovery deadlines would undermine the agreed-upon settlement

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900 BANK OF AMERICA PLAZA ∙ 300 SOUTH FOURTH STREET ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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arrangement because of the financial and time expense involved with

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fulfilling those deadlines. Temporarily staying those deadlines would

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effectuate the parties' mutual desire to decrease the cost of litigation pending

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settlement.

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The parties submit that good cause exists to stay all proceedings

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in this case until January 30, 2015. The parties therefore request that the

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Court enter an order granting such a stay and ordering the parties by

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January 30, 2015 to file a supplemental status report advising the court when

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they expect to finalize their settlement and file a stipulation for dismissal.

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LOSS, JUDGE & WARD LLP

ARMSTRONG TEASDALE LLP

By _/s/ Lewis K. Loss___
Lewis K. Loss
Matthew J. Dendinger
Two Lafayette Centre
1133 21st Street, NW, Suite 450
Washington, DC 20036

By_/s/ Kevin R. Stolworthy _____
Kevin R. Stolworthy, No. 2798
3770 Howard Hughes Parkway
Suite 200
Las Vegas, Nevada 89169

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HOWARD & HOWARD
ATTORNEYS LLC
Thomas W. Davis, II, No. 2531
Wells Fargo Tower, Suite 1000
3800 Howard Hughes Parkway
Las Vegas, NV 89169-5980

Attorneys for Defendants Jackie K.
Delaney, Larry E. Carter, Mark A.
Stout, Kenneth Templeton, John
Shively, Steven C. Kalb, Jerome F.
Snyder, Hugh Templeton, and Rick
Dreschler

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Attorneys for Plaintiff

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Case 2:11-cv-00678-LRH-PAL Document 208 Filed 01/16/15 Page 4 of 4

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MORRIS LAW GROUP

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MORRIS LAW GROUP

900 BANK OF AMERICA PLAZA ∙ 300 SOUTH FOURTH STREET ∙ LAS VEGAS, NEVADA 89101
702/474-9400 ∙ FAX [phone]

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By /s/ Joni A. Jamison___
Robert McCoy, No. 9121
Joni A. Jamison, No. 11614
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101

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LEE, HONG, DEGERMAN, KANG
& WAIMEY
Eric D. Olson (pro hac vice)
3501 Jamboree Road, Suite 6000
Newport Beach, California 92660
LOWENSTEIN SANDLER LLP
Andrew M. Reidy (pro hac vice)
Catherine J. Serafin (pro hac vice)
Joseph M. Saka (pro hac vice)
2200 Pennsylvania Avenue NW
Washington, DC 20037

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Attorneys for Intervenor Federal
Deposit Insurance Company as
Receiver for Sun West Bank

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ORDER
IT IS SO ORDERED. All proceedings in this case are stayed until
January 30, 2015 to allow the parties to finalize settlement and dismissal
paperwork. The parties will file a supplemental status report by January 30,
2015 advising the court when they expect to finalize their settlement and file
a stipulation for dismissal.

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DATED this 22nd day of January, 2015.
_________________________________________

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_______________________________
UNITED STATES DISTRICT JUDGE

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
DATE: __________________________________

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