McCrae et al v. Medicare et al

Filing 12

ORDER Granting 11 Motion for Hearing. A Status Conference is scheduled for 8/15/2013 at 08:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 7/22/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6

MTN
DAVID F. SAMPSON, ESQ.,
Nevada Bar No. 6811
LAW OFFICE OF DAVID SAMPSON
200 E. Charleston Blvd.
Las Vegas, NV 89104
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiffs

7
8

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

STEVE MCCRAE and THE LAW OFFICE )
OF DAVID SAMPSON, LLC.,
)
)
Plaintiffs,
)
)
vs.
)
)
)
SILMO MANAGEMENT CORPORATION, )
NEVADA SPINE CLINIC,
)
NEVADA MEDICAID, LAS VEGAS
)
PHARMACY, SMOKE RANCH SURGERY )
CENTER, MEDICARE, STEVE
)
CARUSO, ESQ., NEVADA IMAGING,
)
LIBERTY MUTUAL DOES I - X,
)
and ROE CORPORATIONS I - X,
)
inclusive,
)
)
Defendants.
)
)
________________________________
)

Case No: 2-13-cv-858

MOTION FOR
SCHEDULING CONFERENCE

MOTION FOR SCHEDULING CONFERENCE
COMES NOW the Plaintiffs, STEVE MCCREA AND THE LAW OFFICE OF DAVID
SAMPSON, by and through DAVID F. SAMPSON, ESQ, of the LAW OFFICE OF DAVID

26

SAMPSON and hereby move, pursuant to LR 22-2 for a scheduling conference in this matter.
27
28

DATED THIS 2nd day of July, 2013.

1

POINTS AND AUTHORITIES

2

Pursuant to Local Rule 22-2 the Plaintiff is required to file a motion requesting a

3

settlement conference in an interpleader action. The motion must be filed within 30 days after
4
5

the first Defendant appears. Defendant Medicare files its Answer on June 6, 2013.

6

This action involves a settlement on behalf of Steve McCrae in an underlying claim in

7

the amount of $15,000.00, which was the full insurance policy limit applicable to the underlying

8

claim. The funds are currently being held by the clerk of the Eighth Judicial District Court,

9
10

State of Nevada. The Defendants have various claims to the said funds. Additionally, THE

11

LAW OFFICE OF DAVID SAMPSON, LLC., had a claim for attorney fees and costs. Given

12

the sums of monies to which the various parties claim they are entitled, it is clear $15,000.00 is

13

nowhere near sufficient to satisfy the liens asserted in this matter. This action was therefore

14

filed.
15
16

It appears the only claimants which have any likelihood of collecting any portion of the

17

$15,000.00 policy limit are Mr. McCrae’s attorneys, and Medicare.

18

recommends this action be resolved by paying McCrae’s attorneys, and giving the balance of

19

Plaintiff therefore

any monies to Medicare. In any event, a scheduling conference is necessary.

20

Plaintiffs sent notice of a settlement conference, and convened the same on July 2, 2013.
21
22

Attending were David Sampson, Esq., for his office, Steven Caruso, Esq., for his office, and

23

Troy Flake on behalf of Medicare. It was agreed by all who attended that the attorney’s lien

24

should be fully satisfied, and the remainder of the funds should be paid to Medicare. The parties

25
26
27
28

will seek a stipulation from the Court for an Order regarding the same.

1
2

CONCLUSION
For the foregoing reasons Plaintiffs move for a scheduling conference, or in the

3

alternative that the Court recognize the conference held on July 2, 2013.
4
5
6
7
8
9
10
11

BY:___//ss//

David Sampson _________

DAVID F. SAMPSON, ESQ.,
LAW OFFICE OF DAVID SAMPSON
PO Box 750373
Las Vegas, NV 89136
Tel: [phone]
Fax: [phone]
Attorney for Plaintiff

12
13
14

ORDER

15
16
17
18
19
20
21
22
23
24
25
26
27
28

IT IS ORDERED that the Motion for Status Conference is GRANTED, and a
Status Conference is scheduled for Thursday, August 15, 2013, at 8:30 a.m., in
Courtroom 3B.
Dated this 22nd day of July, 2013.
_______________________________
Peggy A. Leen
United States Magistrate Judge