Wright-Bolton v. Andress-Tobiasson et al

Filing 50

ORDER Granting 49 Motion to Stay Proceedings Pending Appeal. Signed by Magistrate Judge Peggy A. Leen on 3/10/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:14-cv-01612-APG-PAL Document 49 Filed 03/02/16 Page 1 of 4

1 CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
2 C. J. POTTER, IV, ESQ.
Nevada Bar No. 13225
3 POTTER LAW OFFICES
1125 Shadow Lane
4 Las Vegas, NV 89102
Ph: [phone]
5 Fax: [phone]
[e-mail]
6 [e-mail]
Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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VIVIAN WRIGHT-BOLTON;

CASE NO.: 2:14-cv-01612-APG-PAL

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Plaintiff,
13 v.
14 MELANIE ANDRESS-TOBIASSON,
individually; THE ESTATE OF JENNIFER
15 BOLTON deceased; KOCKA & BOLTON,
LLC, a Nevada Limited Liability Company;
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Defendants.
17 _______________________________________/
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JOINT MOTION TO STAY PROCEEDINGS PENDING APPEAL
COMES NOW the Plaintiff, VIVIAN WRIGHT-BOLTON, by and through her counsel,

20 CAL J. POTTER, III, ESQ. and C. J. POTTER, IV, ESQ. of POTTER LAW OFFICES and
21 Defendant, KOCKA & BOLTON, LLC by and through its counsel, CHRIS T. RASMUSSEN,
22 ESQ. of RASMUSSEN & KANG and hereby jointly request that this matter be stayed.
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Case 2:14-cv-01612-APG-PAL Document 49 Filed 03/02/16 Page 2 of 4

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This Motion is made jointly by the parties remaining below and is based upon the

2 pleadings and papers on file herein, the points and authorities submitted in support of the
3 instant motion and the oral argument of counsel at the time of hearing, if any.
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DATED this 1st day of March, 2016.

DATED this 2nd day of March, 2016.

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POTTER LAW OFFICES

RASMUSSEN & KANG

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By /s/ Cal J. Potter, III, Esq.
CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
C. J. POTTER, IV. ESQ.
Nevada Bar No. 13225
1125 Shadow Lane
Las Vegas, NV 89102
Attorneys for Plaintiff

By /s/ Chris T. Rasmussen, Esq.
CHRIS T. RASMUSSEN, ESQ.
Nevada Bar No. 7149
330 S. Third Street, Suite 1010
Las Vegas, NV 89101
Attorney for Defendant Kocka & Bolton, LLC

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

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FACTS

14 A.

INTRODUCTION

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This is a civil rights action filed by Plaintiff, Vivian Wright-Bolton, against Defendants.

16 This case arises out of an incident in which all Defendants conspired to violate Plaintiff’s Due
17 Process rights and obtain an ex parte Las Vegas Justice Court Order concerning Jennifer
18 Bolton’s Canadian Petition for Divorce, in violation of Plaintiff's Due Process Rights.
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Defendant Tobiasson, signed an order rescinding her previous, Las Vegas Justice Court

20 Ex Parte Order concerning Jennifer Bolton's Canadian Petition for Divorce, in violation of
21 Plaintiff's Due Process Rights on February 12, 2014.
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At the time that Jennifer Bolton sought out Defendant Andress-Tobiasson’s execution

23 of the Canadian Petition for Divorce, she was a managing partner of Kocka & Bolton, LLP.
24 B.

PROCEDURAL HISTORY

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This case was filed on September 30, 2014 and commenced through discovery.

26 Summary judgment was granted in favor of the Defendant, Melanie Andress-Tobiasson on
27 September 23, 2015 [ECF 34, 25, & 36]. Defendant Andress-Tobiasson sought relief to make
28 the judgment final [ECF 42], which was unopposed by the Plaintiff [ECF 44] and granted on
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Case 2:14-cv-01612-APG-PAL Document 49 Filed 03/02/16 Page 3 of 4

1 February 2, 2016 [ECF 45]. The Plaintiff filed a Notice of Appeal on February 29, 2016 [ECF
2 46]. Accordingly, the claims against Defendant Tobiasson are now pending before the Ninth
3 Circuit Court of Appeals.
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However, the claims against Defendant Kocka & Bolton, LLC remain before this Court.

5 The claims against Defendant Andress-Tobiasson and Defendant Kocka & Bolton, LLC are
6 inextricably intertwined and the outcome of the appeal will have an effect on entire case.
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As such, the Plaintiff and Defendant Kocka & Bolton, LLC request a stay in this matter

8 pending the decision from the Ninth Circuit Court of Appeals. Discovery in this matter is
9 closed, but the parties request that all briefing, hearings, and pre-trial dates be stayed until the
10 case has been decided by the Ninth Circuit Court of Appeals, including the Joint Pre-Trial
11 Order which was due on January 18, 2016 [ECF 28].
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II.

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ARGUMENT

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While the Federal Rules of Civil Procedure do not specifically address stays for cases

15 where some claims are on appeal after FRCP 54(b) certification, FRCP 62 does address
16 appellate stays in other instances. Moreover, FRAP 8(a) concerns stays pending appeal and
17 states that a party seeking a District Court stay, “must ordinarily move first in the district court
18 for . . . a stay . . .”
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The parties aver that good cause exists to stay this matter pending the resolution of the

20 claims against Defendant Andress-Tobiasson, which are now pending before the Ninth Circuit
21 Court of Appeals. Stay in this matter will only benefit this Court and the parties as the claims
22 on appeal regarding Defendant Andress-Tobiasson are directly related to those against
23 Defendant Kocka & Bolton, LLC.
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Case 2:14-cv-01612-APG-PAL Document 49 Filed 03/02/16 Page 4 of 4

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III.

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CONCLUSION

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Stay in this matter will not cause prejudice to any party, in fact, staying this matter

4 pending appeal will only allow the parties to better resolve the claims after a decision from the
5 Ninth Circuit through alternative dispute resolution or a single trial. The decision from the
6 Ninth Circuit will also determine the viability of Plaintiff’s claims.
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Should the Court grant this Joint Motion, the parties suggest that intermittent status

8 reports be filed with the Court regarding the status of the appeal.
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For the reasons set forth above, Plaintiff and Defendant Kocka & Bolton, LLC

10 respectfully request that this matter, including any and all briefing, hearings, and pre-trial dates
11 be stayed pending appeal.
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DATED this 1st day of March, 2016.

DATED this 2nd day of March, 2016.

POTTER LAW OFFICES

RASMUSSEN & KANG

By /s/ Cal J. Potter, III, Esq.
CAL J. POTTER, III, ESQ.
Nevada Bar No. 1988
C. J. POTTER, IV. ESQ.
Nevada Bar No. 13225
1125 Shadow Lane
Las Vegas, NV 89102
Attorneys for Plaintiff

By /s/ Chris T. Rasmussen, Esq.
CHRIS T. RASMUSSEN, ESQ.
Nevada Bar No. 7149
330 S. Third Street, Suite 1010
Las Vegas, NV 89101
Attorney for Defendant Kocka & Bolton, LLC

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IT IS SO ORDERED this 10th day
of March, 2016.

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___________________________
Peggy A. Leen
United States Magistrate Judge

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