Bankosz v. Big Daddy's Ichabod's 1, Inc. et al

Filing 39

ORDER Granting 36 Defendant's Emergency Motion to Set Scheduling Conference regarding Interpleader Complaint. Hearing re 35 Interpleader set for 3/19/2013 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. IT IS FURTHER ORDERED that any Response by an Interpleader-Defendant shall be due by03/11/2013. Any Reply by Interpleader-Plaintiff shall be due by 03/15/2013. Signed by Judge James C. Mahan on 03/04/2013. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
9
10
11
12

2:12-CV-1502 JCM (PAL)

SUSAN MARIE BANKOSZ,
Plaintiff(s),
v.
BIG DADDY’S ICHABOD’S 1, INC.,
et al.,

13

Defendant(s).

14
15

ORDER

16

Presently before the court is defendants/interpleader-plaintiffs’, Big Daddy’s Ichabod’s 1 and

17

Francois Alvandi (collectively “Big Daddy’s”) emergency motion to set scheduling conference

18

regarding interpleader complaint. (Doc. # 36).

19

Plaintiff/interpleader-defendant Susan Marie Bankosz (“Bankosz”) commenced a lawsuit

20

against Big Daddy’s alleging retaliation and interference of rights under the Family and Medical

21

Leave Act, unpaid overtime compensation under the Fair Labor Standards Act, and various state law

22

claims. The parties settled all claims on February 5, 2013, at a private mediation.1 Per the settlement

23

agreement, Big Daddy’s is required to tender payment to Bankosz by March 7, 2013.2

24
25
26
27
28
James C. Mahan
U.S. District Judge

1

There is a ripe motion to dismiss in this case (doc. # 7) that this court has not ruled on
because of the ENE status and subsequent settlement.
2

This motion is properly an “emergency” motion due the shortly upcoming agreed upon
payment date.

1

On December 7, 2007, a judgment was entered against Bankosz in favor of intervenor-

2

defendant Vance Bode (“Bode”) in a Florida state court. The judgment was “domesticated” in

3

Nevada in September 2009. (See doc. 35, Ex. 1). On February 25, 2013, Big Daddy’s was served

4

with a writ of execution and write of garnishment by a Clark County sheriff regarding the judgment.

5

Bode asserts a claim slightly over half of the settlement amount in this case. Therefore, Bode and

6

Bankosz have competing claims to the same funds.

7

Big Daddy’s already deposited the settlement funds with the court on February 28, 2013.

8

(See doc. # 35, Ex. 3). Big Daddy’s asserts that it is “in great doubt as to which Intervenor-

9

Defendant is entitled to be paid the settlement amount.” (Doc. # 35). Finally, intervenor-defendant

10

Bode has accepted service of the interpleader complaint. (Doc. # 38).

11

Federal Rule of Civil Procedure 22 permits interpleader in certain circumstances. Local rule

12

22-2 states that “the Court and parties will develop a briefing schedule or discovery plan and

13

scheduling order for resolving the parties’ competing claims.”

14

The court finds it appropriate to hold a hearing to establish a plan for resolving the parties’

15

competing claims to the settlement funds. The clerk’s office is ordered to withhold disbursement

16

of the settlement funds until further instruction by this court.3 The hearing will be held at Tuesday,

17

March 19, 2013, at 10:00 AM.

18

Accordingly,

19

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Big Daddy’s emergency

20

motion to set scheduling conference regarding interpleader complaint (doc. # 36) be, and the same

21

hereby, is GRANTED consistent with the foregoing.

22

...

23

...

24

...

25
26
3

27
28
James C. Mahan
U.S. District Judge

The court can discern no reason why payment must be made by March 7, 2013. However,
if this date serves some purpose then the parties may file a notice advising the court of the
importance of this date by March 6, 2013.
-2-

1

IT IS FURTHER ORDERED that any response by an interpleader-defendant shall be due by

2

Monday, March 11, 2013. Any reply by interpleader-plaintiff shall be due by Friday March 15,

3

2013.

4

DATED March 4, 2013.

5
6
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-3-