Allstate Insurance Company et al v. Shah, MD et al

Filing 239

ORDER Granting #236 Stipulation to Extend Time to Reply re: #198 Motion to Disqualify. Replies due by 2/16/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/12/2018. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7

DENNIS L. KENNEDY
Nevada Bar No. 1462
JOSEPH A. LIEBMAN
Nevada Bar No. 10125
JOSHUA P. GILMORE
Nevada Bar No. 11576
BAILEYKENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302
Telephone: [phone]
Facsimile: 702.562.8821
[e-mail]
[e-mail]
[e-mail]

8
9
10
11

Attorneys for Defendants & Counterclaimant
RUSSELL J. SHAH, M.D.; DIPTI R. SHAH,
M.D.; RUSSELL J. SHAH, MD, LTD.; DIPTI
R. SHAH, MD, LTD.; and RADAR
MEDICAL GROUP, LLP dba UNIVERSITY
URGENT CARE
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

12
13

14 ALLSTATE INSURANCE COMPANY,
ALLSTATE PROPERTY & CASUALTY
Case No. 2:15-cv-01786-APG-CWH
15 INSURANCE COMPANY, ALLSTATE
INDEMNITY COMPANY, and ALLSTATE
16 FIRE & CASUALTY INSURANCE
COMPANY,
STIPULATION AND ORDER TO
EXTEND DEADLINE FOR THE
17
Plaintiffs,
FILING OF DEFENDANTS’ REPLY IN
SUPPORT OF THEIR MOTION TO
18
vs.
DISQUALIFY PLAINTIFFS’
COUNSEL
19
RUSSELL J. SHAH, M.D.; DIPTI R. SHAH,
(Second Request)
20 M.D.; RUSSELL J. SHAH, MD, LTD.; DIPTI
R. SHAH, MD, LTD.; and RADAR MEDICAL
21 GROUP, LLP dba UNIVERSITY URGENT
CARE, Does 1-100, and ROES 101-200,
22
Defendants.
23 ___________________________________________
24

AND RELATED CLAIMS.

25
26
27
28
Page 1 of 3

1

Plaintiffs/Counterdefendants ALLSTATE INSURANCE COMPANY, ALLSTATE

2

PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY,

3

and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY (the “Allstate Parties”), and

4

Defendants and Counterclaimant RUSSELL J. SHAH, M.D., DIPTI R. SHAH, M.D., RADAR

5

MEDICAL GROUP, LLP dba UNIVERSITY URGENT CARE, RUSSELL J. SHAH, MD, LTD.,

6

and DIPTI R. SHAH, MD, LTD. (the “Radar Parties”), by and through their respective attorneys of

7

record, stipulate and agree as follows:

8
9
10

1.

On December 5, 2017, the Radar Parties filed their Motion to Disqualify Plaintiffs’

Counsel (Hearing Requested) [ECF No. 198] (the “Motion”);
2.

On December 13, 2017, the parties stipulated to extend the deadline for the Allstate

11

Parties to file their Opposition to the Motion, from December 19, 2017 to January 15, 2018 [ECF

12

No. 206], which was granted by the Court pursuant to its December 15, 2017 Order [ECF No. 208];

13

3.

On January 11, 2018, the parties stipulated to extend the deadline for the Allstate

14

Parties to file their Opposition to the Motion, from January 15, 2018 to January 22, 2018 [ECF No.

15

218], which was granted by the Court pursuant to its January 12, 2018 Order [ECF No. 219];

16

4.

17

No. 221];

18

5.

On January 22, 2018, the Allstate Parties filed their Opposition to the Motion [ECF

On January 26, 2018, the parties stipulated to extend the deadline for the Radar

19

Parties to file their Reply in Support of the Motion, from January 19, 2018 to February 9, 2018 [ECF

20

No. 225];

21

6.

On February 7, 2017, the parties appeared before the Court for a hearing in this

22

matter and in the matter entitled Allstate Insurance Co., et al. v. Marjorie Belsky, M.D., et al., United

23

States District Court, District of Nevada, Case No. 2:15-cv-02265-MMD-CWH;

24
25
26

7.

On February 7, 2018, the Court entered a minute Order [ECF No. 232] setting the

Motion for hearing on March 2, 2018, at 9:00 a.m.;
8.

Counsel for the Radar Parties who is primarily responsible for preparing the Reply

27

(Joshua P. Gilmore) is involved in a matter pending in the Eighth Judicial District Court, Clark

28

County, Nevada in which the parties had anticipated continuing the upcoming trial (currently set for
Page 2 of 3

1

March 12, 2018) pending a ruling on appeal by the Nevada Supreme Court; however, the district

2

court did not continue the trial. In light of those circumstances, the Radar Parties shall now have up

3

to and including February 16, 2018 to file their Reply in Support of the Motion; and

4
5

9.

This is the second stipulation for an extension of time to file the Reply in Support of

the Motion. This stipulation is made in good faith and not to delay the proceedings.

6

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

7

DATED this 9th day of February, 2018.

DATED this 9th day of February, 2018.

8

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

BAILEYKENNEDY

9
10
11
12
13
14
15
16
17
18

By:
By:

/s/ Todd W. Baxter
DYLAN P. TODD
TODD W. BAXTER
8337 West Sunset Road, Suite 350
Las Vegas, NV 89113

/s/ Joshua P. Gilmore
DENNIS L. KENNEDY
JOSEPH A. LIEBMAN
JOSHUA P. GILMORE
8984 Spanish Ridge Avenue
Las Vegas, NV 89148

Attorneys for Defendants & Counterclaimant
ERON Z. CANNON
FAIN ANDERSON VANDERHOEF
ROSENDAHL O'HALLORAN
SPILLANE PLLC
701 Fifth Avenue, Suite 4750
Seattle, WA 98104
Attorneys for Plaintiffs/Counterdefendants
IT IS SO ORDERED.

19
20

UNITED STATES MAGISTRATE JUDGE

21
DATED:

February 12, 2018

22
23
24
25
26
27
28
Page 3 of 3