United States et al v. Jaynes Corporation et al

Filing 138

ORDER Granting 137 Stipulation to Continue Briefing Schedule on all Pending Motions. Signed by Judge Andrew P. Gordon on 10/7/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:13-cv-01907-APG-NJK Document 137 Filed 10/06/15 Page 1 of 5

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Brandon McDonald, Esq.
[e-mail]
Nevada Bar No. 11206
MCDONALD LAW OFFICES, PLLC
2505 Anthem Village Parkway, E-474
Henderson, Nevada 89052
Telephone: [phone]
Facsimile: [phone]

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Claudio E. Iannitelli, Pro Hac Vice - [e-mail]
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Cynthia R. Estrella - [e-mail]
Nevada Bar No. 8447

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CHEIFETZ IANNITELLI MARCOLINI, P.C.
111 West Monroe Street, 17th Floor
Phoenix, Arizona 85003
Tel. [phone]
Fax [phone]
Attorneys for American Steel Corporation
and The Ohio Casualty Insurance Corporation

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES FOR THE USE
AND BENEFIT OF AGATE STEEL,
INC.; AGATE STEEL, INC., an
Arizona corporation,
vs.

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE BRIEFING
SCHEDULE ON ALL PENDING
MOTIONS

JAYNES CORPORATION, a New
Mexico corporation; WESTERN
SURETY COMPANY, a South Dakota
corporation,

(Third Request)

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Plaintiffs,

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Defendants.
JAYNES CORPORATION, a New
Mexico corporation,
Third-Party Plaintiff,

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vs.

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AMERICAN STEEL CORPORATION,
an Arizona corporation, THE OHIO
CASUALTY INSURANCE
COMPANY, a foreign corporation,

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Third-Party Defendants.

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CASE NO. 2:13-cv-01907-APG-NJK

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20203837
20173004.2

Case 2:13-cv-01907-APG-NJK Document 137 Filed 10/06/15 Page 2 of 5

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UNITED STATES FOR THE USE
AND BENEFIT OF AMERICAN
STEEL CORPORATION, an Arizona
corporation,
Third-Party Defendants/
Cross-Claimants

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vs.

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JAYNES CORPORATION, a New
Mexico corporation, AMERICAN
STEEL CORPORATION, an Arizona
corporation, THE OHIO CASUALTY
INSURANCE COMPANY, a foreign
corporation,

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Third-Party Cross-Defendants.
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Defendants/Third-Party Plaintiff Jaynes Corporation and Defendant Western

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Surety Company (collectively “Jaynes”) and Third-Party Defendants American Steel

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Corp. and The Ohio Casualty Insurance Company (collectively, “American Steel”), by

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and through their respective counsel (“the Parties”), hereby file this Stipulation and

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[Proposed] Order to Continue Briefing Schedule on All Pending Motions. This request

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complies with Local Rule (“LR”) 6-1 and 7-1. The litigation of this matter will be best

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served by the proposed extension.

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The following motions are currently pending:
o Jaynes’ Motion to Strike American Steel’s Expert Designation (“Motion to
Strike”) [dkt. 104]
o Jaynes’ Motion for Partial Summary Judgment re American Steel’s
Damages [dkt. 106]
o Jaynes’ Motion for Partial Summary Judgment re Obligation to Defend and
Indemnify [dkt. 110] and
o American Steel’s Motion for Partial Summary Judgment re Bond Claims
[dkt.117].

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The Court previously granted the Parties’ Stipulation to Continuing Briefing on these

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motions [dkt. 130] to allow the Parties to complete several depositions.

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Case 2:13-cv-01907-APG-NJK Document 137 Filed 10/06/15 Page 3 of 5

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I.

REQUEST FOR CONTINUED BRIEFING DEALINES

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American Steel and Jaynes have recently completed several lay and expert

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depositions that required preparation and out of town travel for all counsel. The Parties

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cooperated to schedule depositions in such a manner to accommodate the witness’ and

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experts’ schedule availability and location preference. The Parties intend to use the

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deposition transcripts to prepare their responses to the pending motions. However, not all

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of the transcripts are available. Additionally, American Steel and Jaynes are still engaged

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in discussions that may facilitate settlement. Accordingly, American Steel and Jaynes

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desire to continue the current briefing schedule and to extend the deadline for filing

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dispositive motions. Agate’s counsel does not object to the requested continuance.

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II.

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PROPOSED NEW DEADLINES
A. Jaynes’ Motion to Strike American Steel’s Expert Designation [Dkt. 104]:
Opposition currently: October 8, 2015
Opposition proposed: October 19, 2015
Reply currently: October 19, 2015
Reply proposed: October 30, 2015
B. Jaynes’ Motion for Partial Summary Judgment re American Steel’s
Damages [Dkt. 106] and Motion for Partial Summary Judgment re
Obligation to Defend and Indemnify [Dkt. 110]:

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Opposition currently: October 8, 2015
Opposition proposed: October 19, 2015
Reply currently: October 26, 2015
Reply proposed: November 6, 2015
C. American Steel and Ohio’s Motion for Partial Summary Judgment Against
Jaynes Corporation Re: Bond Claims [Dkt. 117]:
Opposition currently: October 14, 2015
Opposition proposed: October 21, 2015
Reply currently: November 2, 2015
Reply proposed: November 13, 2015

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Case 2:13-cv-01907-APG-NJK Document 137 Filed 10/06/15 Page 4 of 5

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D. Deadline for filing Dispositive Motions:
Current Deadline: October 14, 2015
Proposed Deadline: October 26, 2015

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III.

CONCLUSION
For the foregoing reasons, the Parties respectfully request that the Court grant their

short continuance to the briefing schedule on all pending motions.
DATED this 6th day of October, 2015.
SNELL & WILMER, LLP

CHEIFETZ IANNITELLI MARCOLINI, P.C.

By: /s/ Robin E. Perkins, Esq.
Leon F. Mead, II (NV Bar No. 5719)
Robin E. Perkins (NV Bar No. 9891)
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Attorneys for Jaynes Corporation and
Western Surety Company

By: /s/ Cynthia R. Estrella, Esq.
Claudio E. Iannitelli (Pro Hac Vice)
Cynthia R. Estrella (NV Bar No. 8447)
111 West Monroe Street, 17th Floor
Phoenix, Arizona 85003
Telephone: [phone]
Facsimile: [phone]
Attorneys for American Steel Corporation
and The Ohio Casualty Insurance
Corporation

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LAW OFFICES OF TIMOTHY D. DUCAR
By: /s/ Timothy D. Ducar, Esq.
Timothy D. Ducar (NV Bar No. 1057)
8360 E. Raintree Drive, Suite 140
Scottsdale, AZ 85260
Attorney for U.S. ex rel. Agate Steel, Inc.
and Agate Steel, Inc.

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ORDER

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IS IT SO ORDERED.

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DATEDOctober 7, 2015.
Dated: this ___ day of October, 2015.

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U.S.
U S DISTRICT COURT JUDGE
JUD
UNITED STATES DISTRICT JUDGE

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