Krause v. Nevada Mutual Insurance Company et al

Filing 239

ORDER Granting 238 Stipulation to Extend Time to Respond to 234 and 235 Motions. Response due by 3/25/2015. Reply due by 4/17/2015. Signed by Judge James C. Mahan on 3/19/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:12-cv-00342-JCM-CWH Document 238 Filed 03/16/15 Page 1 of 3

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Marquis Aurbach Coffing
NICK D. CROSBY, ESQ.
Nevada Bar No. 8996
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
Fafinski Mark & Johnson, P.A.
SHANNON M. MCDONOUGH, ESQ.
Minnesota Bar No. 259512
TYLER P. BRIMMER, ESQ.
Minnesota Bar No. 0392700
775 Prairie Center Drive, Suite 400
Eden Prairie, MN 55344
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys pro hac vice for Defendants

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Case No.: 2:12-cv-00342-JCM-CWH

SANDRA K. KRAUSE,
Plaintiff,

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vs.

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NEVADA MUTUAL INSURANCE
COMPANY, a Nevada corporation; and TREAN
CORPORATION, a Minnesota corporation;

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Defendants.
STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS’ RESPONSES TO
PLAINTIFF SANDRA KRAUSE’S MOTIONS FOR LEAVE TO FILE
SUPPLEMENTAL AND RECENTLY DISCOVERED EVIDENCE IN RELATION TO
BOTH MOTIONS FOR SUMMARY JUDGMENT REGARDING PAY DATA FOR
ANOTHER TREAN VP (DOC. NOS. 234 AND 235)
(Second Request)
Pursuant to Local Rule 6-1, Plaintiff Sandra Krause (“Plaintiff”) and Defendants Nevada
Mutual Insurance Company and Trean Corporation (“Defendants”), by and through their counsel of
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Case 2:12-cv-00342-JCM-CWH Document 238 Filed 03/16/15 Page 2 of 3

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record, hereby submit the following Stipulation for (a second) Extension of Time for Defendants to

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respond to Plaintiff Sandra Krause’s Motions for Leave to File Supplemental and Recently

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Discovered Evidence in Relation to Both Motions for Summary Judgment Regarding Pay Data

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for Another Trean VP (Doc. Nos. 234 and 235) (Plaintiff’s “Motions for Leave”), which were

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filed on February 19, 2015, and they respectfully request the Court grant this second extension for

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Defendants and subsequent briefing.

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Plaintiff filed her Motions for Leave on February 19, 2015, which raised the issue of the

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discovery of a former male employee named Ryan Saul who was employed as a Trean VP and

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was not included on the compensation chart Defendants produced to Plaintiff and which had

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subsequently been filed as part of Defendants’ pending Renewed Motion for Summary Judgment

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(Doc. No. 197) and Plaintiff’s pending Motion for Partial Summary Judgment (Doc. No. 200).

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Under Local Rule 7-2, Defendants’ response to these Motions for Leave was originally due on

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Thursday March 5, 2015. On March 4, 2015, Defendants requested and Plaintiff agreed to

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stipulate to a brief extension of time for Defendants’ response to allow Defendants additional

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time to fully investigate the matter and the disclosures previously made. Plaintiff stipulated to

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the requested extension as a matter of professional courtesy until March 16, 2015. (Doc. No.

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236.) On March 6, 2015, the Court granted the parties’ stipulation. (Doc. No. 237.)

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As a result of Plaintiff’s Motions for Leave, Defendants and their counsel worked

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diligently to investigate this matter. As a result of this investigation, Defendants confirmed that

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Mr. Saul worked for Trean as a vice president for approximately five weeks in 2009 and that Mr.

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Saul’s annualized salary was higher than Plaintiff’s annualized salary in 2009, and they informed

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Plaintiff of the same.

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Defendants undertook a further investigation to confirm the accuracy of the information

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contained on the compensation chart. This investigation revealed other corrections that needed

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to be made to the compensation chart.

In addition, in light of the information uncovered about Mr. Saul,

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In light of these discoveries, Defendants sent an email to Plaintiff’s counsel on Friday,

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March 13, 2015 advising Plaintiff of the same, and Defendants made proposals over the

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weekend, which Plaintiff was not willing to agree to. The parties have since engaged in multiple
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Case 2:12-cv-00342-JCM-CWH Document 238 Filed 03/16/15 Page 3 of 3

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correspondence about this matter. To facilitate further discussions, Plaintiff offered to afford a

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second, modest extension to the current deadlines for Defendants’ response to Plaintiff’s Motions

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for Leave and to provide additional time to work out some of the disputed issues. In light of these

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circumstances, the parties submit that good cause exists to provide another short extension for

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Defendants’ response to Plaintiff’s Motions for Leave. No trial date has been set on this matter, and

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permitting this short extension (of nine days) will allow the parties to carefully analyze the status of

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the situation and its impact on the pending motions.

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In light of the above, the parties hereby stipulate to extending the briefing schedule on

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Plaintiff’s Motions for Leave to allow Defendants until Wednesday, March 25, 2015 to file their

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response to both of Plaintiff’s Motions for Leave. The parties have also agreed that Plaintiff shall

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subsequently have until Friday, April 17, 2015 to file her reply in relation to her Motions for Leave.

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This stipulation requesting that this extension be allowed is being made pursuant to Local

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Rule 6-1, is being submitted prior to the expiration of the existing deadline, has been agreed to for

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all the reasons set forth above, and will not unduly delay the course of these proceedings.

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Dated: March 16, 2015_

Dated: March 16, 2015_

By: /s/ Kathleen J. England

By: /s/ Tyler P. Brimmer

Kathleen J. England
England Law Office
630 South Third Street
Las Vegas, NV 89101

Shannon M. McDonough
Tyler P. Brimmer
Fafinski Mark & Johnson, P.A.
775 Prairie Center Drive, Suite 400
Eden Prairie, MN 55344

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Melanie A. Hill
Law Office of Melanie Hill
9345 W. Sunset Road, Suite 100
Las Vegas, NV 89148
Attorneys for Plaintiff, Sandra Krause

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IT IS SO ORDERED

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Nick Crosby
Marquis Aurbach Coffing
10001 Park Run Drive
Las Vegas, NV 89145
Attorneys for Defendants, NMIC and Trean
Corporation

March 19, 2015
Dated:
JAMES C. MAHAN
United States District Judge
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