Evanston Insurance Company v. 70 Limited Partnership et al

Filing 90

ORDER Granting 89 Stipulation for Extension of Time (Sixth Request). The parties shall provide the Court with a status report no later than 12/15/2017. Signed by Magistrate Judge Nancy J. Koppe on 11/15/2017. (Copies have been distributed pursuant to the NEF - MR)

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GEORGE D. YARON
Nevada Bar No. 7959

YARON & ASSOCIATES
1300 Clay St, Suite 800
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TODD L. MOODY
Nevada Bar No. 5430
HUTCHISON & STEFFEN ATTORNEYS
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants, Counter-Claimants, and Third-Party Plaintiffs
JOHN PETER LEE, LTD., and the ESTATE OF JOHN PETER LEE

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EVANSTON INSURANCE COMPANY,

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Plaintiffs,
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v.
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70 LIMITED PARTNERSHIP, a Nevada L.P.;)
TERTIA
DVORCHAK, as Special)
Administratrix of the Estate of Thomas T. Beam,)
Deceased; JOHN PETER LEE, LTD., a Nevada)
Professional Corporation; and JOHN PETER)
LEE, an Individual,
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Defendants.
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_____________________________________ )
JOHN PETER LEE, LTD. and JOHN PETER )
LEE,
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Third-Party Plaintiff,
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v.
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HARLEY E. HARMON INSURANCE)
AGENCY, INC.,
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Third-Party Defendant.
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_____________________________________ )

CASE NO.: 2:14-CV-01370-RFB-NJK
STIPULATION AND PROPOSED
ORDER, PURSUANT TO LOCAL
RULE IA 6-1, TO EXTEND OR
WITHDRAW THE DEADLINE FOR
FILING A PROPOSED SCHEDULING
ORDER
(Sixth Request)

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STIPULATION

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This matter was stayed effective December 5, 2014, when Magistrate Judge Nancy J. Koppe

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issued an Order staying this action pending the resolution of the malpractice lawsuit, entitled 70

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Limited Partnership, et al. v. John Peter Lee, Ltd., et al., Case No. A-13-691389-C, Eighth Judicial

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District, State of Nevada, Clark County (“Malpractice action”).

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The Malpractice action involved allegations of attorney malpractice by John Peter Lee, Ltd.,

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and John Peter Lee in connection with their work on an inverse condemnation case, captioned 70

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Limited Partnership, et al. v. McCarron International Airport and Clark County, Clark County

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District Court, Case no A572739 (“McCarron action”). Moreover, the case, captioned F &C

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Collections, Inc. and John Peter Lee, Ltd., v. Estate of Thomas T. Beam, Jimma Lee Beam

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Revocable Trust, 70 Limited, LLC., Leigh, T&D, Inc., Jimma Lee Beam (deceased), Tertia Dvorchak

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and Bank of Nevada, Clark County District Court, Case No. A-13-680570-B (“Collection action”),

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began when John Peter Lee, Ltd., sought to recover the fees/costs earned prosecuting the McCarron

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action. The Malpractice action was filed after the Collection action approximately seven and one-

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half months later. On or about April 25, 2014, the Malpractice action was consolidated with the

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Collection action.

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A settlement was reached in the Collection action, and Malpractice action was dismissed.

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In light of these developments, the parties requested the Court lift the stay. The Court lifted the Stay

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effective August 17, 2017, and ordered the parties to file a proposed Scheduling Order by August

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24, 2017.

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This matter involves six parties. These parties are: (1) Evanston Insurance Company, (2)

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70 Limited Partnership, (3) Tertia Dvorchak, (4) John Peter Lee, LTD., (5) the Estate of John Peter

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Lee, and (6) Harley E. Harmon Insurance Agency, Inc. Evanston Insurance Company, is the

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professional liability insurer of the deceased John Peter Lee and Mr. Lee’s law firm - John Peter

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Lee, Ltd.

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Partnership and Tertia Dvorchak brought the Malpractice action against Mr. Lee and John Peter

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Lee, Ltd. The Estate of John Peter Lee and John Peter Lee, Ltd., filed a Third-Party Complaint

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against John Peter Lee, Ltd.’s insurance broker, Harley E. Harmon Insurance Agency, Inc., for

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claims related to the Malpractice action.

Mr. Lee passed away during the time that this matter was stayed. 70 Limited

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STIPULATION

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In the second half of August of 2017, the parties commenced settlement discussions. The

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parties requested that the deadline for filing a proposed Scheduling Order be extended from August

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24, 2017 to September 6, 2017, so that the parties would have time to continue their settlement

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discussions. The Court granted the request and signed the Stipulation. Thereafter, the parties made

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a second request that the deadline for filing a proposed Scheduling Order be extended from

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September 6, 2017 to September 13, 2017, for the parties to continue their settlement discussions.

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The Court granted the request and signed the Stipulation. Moreover, on September 13, 2017, the

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parties made a third request that the deadline for filing a proposed Scheduling Order be extended

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from September 13, 2017 to September 22, 2017, for the parties to continue their settlement

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discussions. The parties then made a Fourth Request that the deadline for filing a proposed

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Scheduling Order be extended from September 22, 2017 to October 13, 2017, for the parties to

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continue their settlement discussions. The Court granted the request and signed the Stipulation.

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Thereafter, the parties stipulated (1) to continue the deadline for filing a proposed

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Scheduling Order until November 15, 2017, or, in the alternative, (2) to withdraw the deadline for

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filing a proposed Scheduling Order, and agree to provide the Court with a written update on the

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status of the dismissal of the action by November 15, 2017, if the entire lawsuit was not dismissed

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by that date. The Court granted the request and signed the Stipulation.

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At this point, all of the claims have been tentatively settled. The parties are working on

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finalizing a written settlement agreement. Once the written settlement agreement has been finalized

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and settlement checks exchanged, then the parties will file a Stipulation of Dismissal.

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The parties hereby stipulate (1) to continue the deadline for filing a proposed Scheduling

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Order until December 15, 2017, or, in the alternative, (2) to withdraw the deadline for filing a

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proposed Scheduling Order, and agree to provide the Court with a written update on the status of

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the dismissal of the action by December 15, 2017, if the entire lawsuit has not been dismissed by

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that date.

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STIPULATION

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DATED: November 14, 2017

YARON & ASSOCIATES

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\s\ George D. Yaron

By:

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GEORGE D. YARON
Nevada Bar No. 7959
YARON & ASSOCIATES
1300 Clay Street, Suite 800
Oakland, California 94612
-ANDTODD L. MOODY
Nevada Bar No. 5430
HUTCHISON & STEFFEN ATTORNEYS
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Attorneys for Defendants, CounterClaimants, and Third-Party Plaintiffs
JOHN PETER LEE, LTD., and ESTATE
OF JOHN PETER LEE

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DATED: November 14, 2017

CLARK HILL, PLLC

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\s\ Nicholas M. Wieczorek

By:

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NICHOLAS M. WIECZOREK
Nevada Bar No. 006170
3800 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89169
Attorney for Plaintiff and CounterDefendant
EVANSTON INSURANCE COMPANY

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DATED: November 14, 2017

LITCHFIELD CAVO, LLP

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\s\ Griffith H. Hayes

By:

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GRIFFITH H. HAYES
Nevada Bar No. 7374
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Attorneys for Third-Party Defendant
HARLEY E. HARMON INSURANCE
AGENCY, INC.

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STIPULATION

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DATED: November 14, 2017

WEINBERG, WHEELER, HUDGINS,
GUNN & DIAL, LLC

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\s\ Jeremy R. Alberts

By:

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JEREMY R. ALBERTS
Nevada Bar No. 10497
HOWARD J. RUSSELL
Nevada Bar No. 8879
D. LEE ROBERTS, JR.
Nevada Bar No. 8877
DAVID J. LARSON
Nevada Bar No. 8837
6385 S. Rainbow Blvd, Suite 400
Las Vegas, Nevada 89118
Attorneys for Defendants
70 LIMITED PARTNERSHIP and
TERTIA DVORCHAK

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The parties shall provide the Court with a status report no later than December 15, 2017.

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IT IS SO ORDERED

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___________________________________

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UNITED STATES MAGISTRATE JUDGE

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DATED:

November 15, 2017
_________________

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STIPULATION

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