U.S. Specialty Insurance Company v. Carvalho et al

Filing 65

ORDER Granting 64 Motion to Extend Time to Respond/Reply re 59 MOTION to Dismiss, Alternatively to Strike, or Alternatively to Stay The Third Party Complaint and To Compel Arbitration. Signed by Judge Andrew P. Gordon on 6/26/13. (Copies have been distributed pursuant to the NEF - MMM)

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Jared Kahn, Esq.

Nevada Bar # 12603
4375 Polaris Ave, Suite # 4
Las Vegas, Nevada 89103
[phone] Phone
[phone] Fax
[e-mail]
Attomey for Defendants

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. SPECIALITY INSURANCE
COMPANY, a Texas Corporation,

Plaintiff,

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vs.
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CASE

NO:

2:12-Iv-1688-APG-GWF

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ANGELO CARVALHO, ffi individual;
BRIAN SPILSBURY, an individual; DEE
ANN SPILSBURY, an individual; KEVIN
SPILSBURY, an individual;
ANTHONETTE SPILSBURY, ffi
individual; JOINT FORCES, LLC, a
Nevada limited liability company;
PREMIER MECHANICAL, LLC, A
Nevada limited liability company; CREST
RIDGE, LLC, a Nevada limited liability
company; CAM CONSULTING, INC. , a
Nevada corporation; BRIAN SPILSBURY,
TRUSTEE OF THE BRIAN E.
SPILSBURY TRUST DATED OCTOBER
28,1999; KEVIN J. SPILSBURY,
TRUSTEE OF THE KEVIN J.
SPILSBURY TRUST DATED OCTOBER
28,1999; R. GLENN V/OODS, TRUSTEE
OF THE KEVIN J. SPILSBURY 2OOO
TRUST; R. GLENN WOODS, TRUSTEE
OF THE BzuAN E. SPILSBURY 2OOO
TRUST; DOES I through X, inclusive;
ROE CORPORATIONS I through X,
inclusive,
Defendants.

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JOINT STIPULATION AND
IPROPOSED] ORDER TO EXTEND
TIME F'OR THIRD PARTY
PLAINTIFF'S TO RESPOND AND
THIRD PARTY DEFENDANT TO
REPLY TO THIRD PARTY
DEFENDANT KORTE
CONSTRUCTION COMPANY'S
MOTIONS TO DISMISS

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(FIRST REQUEST)

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BzuAN SPILSBURY, ffi individual; DEE
ANN SPILSBURY, an individual; KEVIN
SPILSBURY, ffi individual;
ANTHONETTE SPILSBURY, ffi
individual; JOINT FORCES, LLC,a
Nevada limited liability company;
PREMIER MECHANICAL, LLC, A
Nevada limited liability company; CREST
RIDGE, LLC, aNevada limited liability
company; BRIAN SPILSBURY,
TRUSTEE OF THE BRIAN E.
SPILSBURY TRUST DATED OCTOBER
28,1999; KEVIN J. SPILSBURY,
TRUSTEE OF THE KEVIN J.
SPILSBURY TRUST DATED OCTOBER
28,1999; R. GLENN WOODS, TRUSTEE
OF THE KEVIN J. SPILSBURY 2OOO
TRUST; R. GLENN V/OODS, TRUSTEE
OF THE BRIAN E. SPILSBURY 2OOO
TRUST,

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Defendants/Third-Party
Plaintiffs,

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VS

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KORTE CONSTRUCTION COMPANY,
a Missouri corporation, and, R&O
CONSTRUCTION COMPANY, a Utah
corporation,

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Third-Party Defendants
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IT IS HERBY STIPULATED BETWEEN Defendants and Third Party Plaintiffs, Brian

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&

Dee Ann Spilsbury; Kevin and Anthonette Spilsbury; Crest Ridge,

LLC; Brian E. Spilsbury,

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of

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Trustee of the Brian E. Spilsbury Trust Dated October 28,1999; Kevin J. Spilsbury, Trustee

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the Kevin J. Spilsbury Trust Dated October 28,1999; R. Glerur Woods, Trustee of the Kevin J.

Spilsbury 2000 Trust; R. Glenn Woods, Trustee of the Brian E. Spilsbury 2000 Trust; Premier
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Mechanical,LLC; and, Joint Forces, LLC (collectively "Third Party Plaintiffr"), through their

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attomeys of record, and Third Party Defendant, Korte Construction Company ("Third Party

Defendant"), through their attorneys of record, as follows:
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1.

On May 6,2013, Third Party Plaintiffs filed their Third Party Complaint against

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Third Party Defendants.

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2.

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See Docket

No. 52.

On June 17,2013, Third Party Defendant filed its Motion to Dismiss and
supporting Memorandum. See DocketNos. 59-61.

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Third Party Plaintiff

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On June 25,2013, Third Party Plaintiff s counsel was informed that he has to

s Response

to the Motion to Dismiss is due July

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2013.

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make an emergency trip to Los Angeles, CA, that will keep him away from the office

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through July 1, 2013.

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5.

On June 25,2013, counsel for Third Party Plaintiff and Third Party Defendant

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agreed to extend the deadline Third Party Plaintiff to

file their Response to July

8,

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2013.

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time to respond, the parties

have further agreed that Third Party Defendants time to file a reply in support of their

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In light of this extension of Third Party Plaintiff

respective motions should likewise be extended one week.

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Furthermore, the parties have agreed that the hearing, when scheduled in this

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matter, will not occur until August 2013 because Third Party Plaintiff s counsel

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be out of the country for the majority of the month of July.

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will

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This is the first request for such an extension. This stipulated extension is sought

in good faith and not for the purposes of delay.
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Dated this 25th day of June,2013.
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lsl JaredB. Kahn
Jared B. Kahn, NV Bar # 12603
4375 Polaris Avenue, Suite 4
Las Vegas, Nevada 89103

Phone: [phone]
Fax: [phone]
Email : Jkahn42@ gmail.com
Counsel for Third Party Plaintifß

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Leon Mead TI
Leon F. Mead II, Esq., NV Bar # 5719
3883 Howard Hughes Parkway, Suite I100
Las Vegas, NV 89169
Phone: [phone]
[phone]
Email: [e-mail]
Counsel for Third Party Defendant
Korte Construction Company

Fax:

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IT IS SO ORDERED

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I.INITED STATES DISTRICT ruDGE

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DATED:

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June 26, 2013.

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CERTIFICATE OF SERVICE
I certify that a copy of JOINT STIPULATION AND [PROPOSED] ORDER TO
EXTEND TIME FOR THIRD PARTY PLAINTIFFS TO RESPOND AND THIRD
PARTY DEFENDANT TO REPLY TO THIRD PARTY DEFENDANT KORTE
CONSTRUCTION COMPANY’S MOTIONS TO DISMISS has been served upon the
following parties by CM/ECF:


Kurt C Faux
[e-mail],[e-mail],[e-mail],lfaux@fa
uxlaw.com,[e-mail],[e-mail]



Jared B. Kahn
[e-mail]



Kent F Larsen
[e-mail],[e-mail]



Leon F Mead , II
[e-mail],[e-mail],[e-mail]



Willi H. Siepmann
[e-mail],[e-mail],[e-mail]

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Dated this 26th day of June, 2013.

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/s/ Jared B. Kahn_____________________
Jared B. Kahn, Esq., NV Bar # 12603
4375 Polaris Avenue, Suite 4
Las Vegas, Nevada 89103
[phone] Phone
[phone] Fax
[e-mail]