Cummings v. United Healthcare Services, Inc. et al

Filing 122

ORDER Granting 121 First Stipulation to Continue Trial. Calendar Call continued to 2/5/2019 at 08:45 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial continued to 2/11/2019 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 10/15/2018. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 JAMES P. KEMP, ESQUIRE Nevada Bar No. 006375 KEMP & KEMP 7435 W. Azure Drive, Suite 110 Las Vegas, NV 89130 (702) 258-1183/258-6983(fax) jp@kemp-attorneys.com Attorney for Plaintiff 6 7 8 9 10 11 ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 12 13 14 15 16 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ANGELA CUMMINGS, ) ) Case No.: 2:13-cv-479-APG-GWF Plaintiff, ) vs. ) ) UNITED HEALTHCARE SERVICES, INC., a) STIPULATION AND ORDER TO Delaware Corporation; UHS OF DELAWARE, ) CONTINUE TRIAL ) INC., a Delaware Corporation; VALLEY ) [FIRST REQUEST] HEALTH SYSTEM, LLC, a Delaware Limited- ) Liability Company d/b/a DESERT SPRINGS ) HOSPITAL; RAEJOHNE FOSTER, an ) ) individual, Defendants. ) ) ) STIPULATION 17 18 It is hereby stipulated by and between the parties, through their respective counsel, that the trial 19 of this matter be continued from its current October 29, 2018 date, along with other associated hearings 20 21 and deadlines. The parties are requesting a continued trial date during the court’s trial stack that begins on or about January 28, 2019, with a specific trial date preferably in the month of February 2019. This 22 23 24 stipulation is submitted and based upon the following: 1. That Plaintiff’s Counsel has requested this continuance and has informed Defendant’s 25 counsel that such continuance is necessary because Plaintiff’s Counsel contacted 26 Plaintiff Angela Cummings to prepare for trial and was informed that she was out of 27 state in Georgia to care for her mother who suffered a serious and life threatening 28 1 1 medical episode. Ms. Cummings informed counsel that she is unsure of when she will 2 be able to return to Nevada after dealing with this family health emergency. 3 2. 4 Counsel for the parties met and conferred and decided that with the holiday season upcoming, and without a clear estimation of when Ms. Cummings will be able to return 5 that the best course of action is to request a continuance of the trial date for 6 approximately three months. Counsel consulted their calendars and determined that a 7 8 trial date during the court’s January 28, 2019 trial stack, preferably in February 2018 9 should be mutually convenient to the parties. This trial is expected to be short and will 10 likely take no more than two days to complete. Thus, the trial could start even mid-week 11 and be completed by the end of any given week. ATTORNEYS AT LAW 7435 W. Azure Drive, Suite 110 LAS VEGAS, NEVADA 89130 Tel. (702) 258-1183 ♦ Fax (702) 258-6983 KEMP & KEMP 12 13 14 15 16 17 DATED this 12th day of October, 2018. /s/ James P. Kemp James P. Kemp, Esq. Nevada Bar No. 6375 KEMP & KEMP ATTORNEYS AT LAW 7435 West Azure Drive, Suite 110 Las Vegas, NV 89130 Attorney for Plaintiff 18 19 20 21 22 23 /s/ Marcus B. Smith Wendy Medura Krincek, Esq. Marcus B. Smith, Esq. LITTLER MENDELSON, P.C. 3960 Howard Hughes Pkwy, Suite 300 Las Vegas, NV 89169 Attorneys for Defendants ORDER Good cause appearing, the above stipulation is approved. The trial of this matter is continued until February 11th , 2019 at 9:00 2019 at 8:45 a.m. Calendar call shall be on February 5th a.m. in Courtroom 6C. IT IS SO ORDERED 24 25 26 27 ________________________________ U.S. DISTRICT COURT JUDGE October 15, 2018 Dated: __________________________ 28 2 ,

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