Pate v. Wal-Mart Stores, Inc.

Filing 84

ORDER Granting 83 Stipulation to Extend Time. IT IS HEREBY ORDERED ADJUDGED AND DECREED, that Plaintiffs shall have until August 11, 2016 to comply with the terms of 82 Order on Defendant's Motion to Enforcement Settlement. Signed by Judge Jennifer A. Dorsey on 5/16/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:12-cv-01377-JAD-PAL Document 83 Filed 05/13/16 Page 1 of 4
1
2
3
4
5

GAMAGE & GAMAGE
Amy M. Gamage, Esq.
Nevada Bar No. 009304
William H. Gamage, Esq.
Nevada Bar No. 009024
1775 Village Center Circle., Suite 190
Las Vegas, Nevada 89134
Telephone: [phone]
Attorneys for Plaintiffs Quatrela Pate and
Quatrela Pate as Guardian of De’jior Payne

6

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

7

**********

8
9

QUATRELA PATE, individually and as
Guardian of DE’JIOR PAYNE, a minor

10

Plantiff,

11
12
13

vs.
WAL-MART STORES, INC.,

CASE NO. : 2:12-cv-1377-JAD-PAL
STIPULATION TO EXTEND TIME
REGARDING COMPLIANCE WITH THE
COURT’S ORDER ON DEFENDANT’S
MOTION TO ENFORCE SETTLEMENT
(DKT NO. 82)
FIRST REQUEST

Defendant.

14

ORDER

15
16

IT IS HEREBY STIPULATED AND AGREED, by and between Brenda H. Entzminger,

17

Esq., counsel for Defendant WAL-MART STORES, INC (hereinafter “Wal-Mart”), and William H.

18

Gamage, Esq. counsel for Plaintiffs QUATRELA PATE and DE’JIOR PAYNE that the time for

19
20
21
22
23
24
25

Plaintiffs to comply with the terms of the Court’s Order on Defendant’s Motion to Enforcement
Settlement be extended ninety (90) days to and including August 11, 2016 based upon the following
good cause:
1.

On or about April 15, 2016, this Court filed an Order requiring Plaintiffs to do the

following on or before May 13, 2016:
a. Complete Wal-Mart’s lien-verification form;

26
27
28

b. Execute and Return to Wal-Mart counsel Wal-Mart’s standard release for Medicare /
Medicaid recipients; and,

Page 1 of 4

Case 2:12-cv-01377-JAD-PAL Document 83 Filed 05/13/16 Page 2 of 4
1

c. Prepare and file with this court a Petition to Compromise Minor’s Claim.

2
3
4
5

2.

To date, Plaintiffs have determined there are approximately 36 medical providers with

potential liens; Medicare and Medicaid have potential subrogation liens; and 3 prior attorney’s have
asserted liens.
3.

6

On or about April 6, 2016, Counsel began the process of obtaining balance verifications

7

from all medical providers along with Medicare and Medicaid. Medicare only recently acknowledged

8

receipt of our letter requesting a subrogation balance on May 2, 2016. Based upon past experience with

9

Medicare subrogation negotiations, Counsel will not have a balance for another 30-60 days.

10
4.

11
12

having to justify exclusion of a number of covered medical procedures as not related to this settlement.

13
14

5.

6.

16

Counsel for the Parties have conferred on this extension of time (First Request) and are

in agreement.
7.

18
19

Plaintiffs’ Counsel intends to seek forgiveness of Plaintiffs’ subrogation requirements

due to her disability and income status.

15

17

After receipt of the subrogation balance from Medicare, Plaintiffs’ Counsel anticipates

This request for an extension of time is not for purposes of delay or to prejudice any

party.

20
DATED THIS 13th day of May, 2016

DATED THIS 13th day of May, 2016

22

PHILLIPS, SPALLAS & ANGSTADT, LLC

GAMAGE & GAMAGE

23

By: /s/ Brenda H. Entzminger
_____________________________________
Brenda H. Entzminger
NV Bar No. 9800
504 South Ninth Street
Las Vegas, Nevada 89101
[phone]
Counsel to Defendant WAL-MART STORES,
Inc.

/s/ William H. Gamage, Esq.
By:
_____________________________________
William H. Gamage, Esq.
Nevada Bar No. 009024
1775 Village Center Circle., Suite 190
Las Vegas, Nevada 89134
Telephone: [phone]
Attorneys for Plaintiffs Quatrela Pate and
Quatrela Pate as Guardian of De’jior Payne

21

24
25
26
27
28

Page 2 of 4

Case 2:12-cv-01377-JAD-PAL Document 83 Filed 05/13/16 Page 3 of 4
1

UNITED STATES DISTRICT COURT

2
3
4

DISTRICT OF NEVADA
QUATRELA PATE, individually and as
Guardian of DE’JIOR PAYNE, a minor

5
6
7

Plantiff,
vs.
WAL-MART STORES, INC.,

8

CASE NO.:

2:12-cv-1377-JAD-PAL

ORDER ON STIPULATION TO
EXTEND TIME REGARDING
COMPLIANCE WITH THE COURT’S
ORDER ON DEFENDANT’S MOTION
TO ENFORCE SETTLEMENT (DKT NO.
82)

Defendant.

9
10
11

ORDER

12
13

Based on the pending Stipulation of counsel, and good cause appearing therefore, the

14

Court finds that:

15

1.

16

On or about April 15, 2016, this Court filed an Order requiring Plaintiffs to do the

following on or before May 13, 2016:

17
a. Complete Wal-Mart’s lien-verification form;

18

b. Execute and Return to Wal-Mart counsel Wal-Mart’s standard release for Medicare /

19
20

Medicaid recipients; and,

21

c. Prepare and file with this court a Petition to Compromise Minor’s Claim.

22
23

2.

To date, Plaintiffs have determined there are approximately 36 medical providers with

24

potential liens; Medicare and Medicaid have potential subrogation liens; and 3 prior attorney’s have

25

asserted liens.

26
27

3.

On or about April 6, 2016, Counsel began the process of obtaining balance verifications

from all medical providers along with Medicare and Medicaid. Medicare only recently acknowledged

28
Page 3 of 4

Case 2:12-cv-01377-JAD-PAL Document 83 Filed 05/13/16 Page 4 of 4
1

receipt of our letter requesting a subrogation balance on May 2, 2016. Based upon past experience with

2

Medicare subrogation negotiations, Counsel will not have a balance for another 30-60 days.

3

4.

After receipt of the subrogation balance from Medicare, Plaintiffs’ Counsel anticipates

4
5

having to justify exclusion of a number of covered medical procedures as not related to this settlement.
5.

6
7

due to her disability and income status.

8
9

Plaintiffs’ Counsel intends to seek forgiveness of Plaintiffs’ subrogation requirements

6.

Counsel for the Parties have conferred on this extension of time (First Request) and are

in agreement.

10
7.

11
12

This request for an extension of time is not for purposes of delay or to prejudice any

party.

13

IT IS HEREBY ORDERED ADJUDGED AND DECREED, that Plaintiffs shall have until

14

August 11, 2016 to comply with the terms of the Court’s Order on Defendant’s Motion to Enforcement

15

Settlement (Dkt. No. 82).

16

Dated: May 16, 2016. of
day
DATED This

, 2016.

17
18
19

_________________________________________________
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
Page 4 of 4