Allstate Insurance Company et al v. Belsky et al

Filing 163

ORDER granting ECF No. 162 Stipulation : Replies re ECF Nos. 107 , 112 , 113 Motions due by 6/22/2017. Signed by Magistrate Judge Carl W. Hoffman on 5/23/2017. (Copies have been distributed pursuant to the NEF - DRM)

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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: 702.562.8820 Facsimile: 702.562.8821 DKennedy@BaileyKennedy.com JLiebman@BaileyKennedy.com JGilmore@BaileyKennedy.com 8 Attorneys for Defendants/Counterclaimants 9 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 12 ALLSTATE INSURANCE COMPANY, 13 ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE 14 INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE 15 COMPANY, Plaintiffs, 16 17 vs. 18 MARJORIE BELSKY, MD, MARIO TARQUINO, MD, MARJORIE BELSKY, MD, 19 INC. doing business as, INTEGRATED PAIN SPECIALISTS, and MARIO TARQUINO, MD, 20 INC., DOES 1-100 and ROES 101-200, Case No. 2:15-cv-02265-MMD-CWH STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEFENDANTS’ REPLIES IN SUPPORT OF THEIR MOTIONS FOR SANCTIONS, TO DISQUALIFY PLAINTIFFS’ COUNSEL, FOR INJUNCTIVE RELIEF, AND/OR FOR OTHER APPROPRIATE RELIEF (Second Request) Defendants. 21 22 ___________________________________________ 23 AND RELATED CLAIMS. 24 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 (collectively, the “Allstate 4 Parties”), and Defendants/Counterclaimants MARJORIE BELSKY, M.D., MARIO TARQUINO, 5 M.D., MARJORIE BELSKY, M.D., INC. d/b/a INTEGRATED PAIN SPECIALISTS, and MARIO 6 TARQUINO, M.D., INC. (collectively, the “Belsky/Tarquino Parties”), by and through their 7 respective attorneys of record, stipulate and agree as follows: 8 9 10 1. Disqualify Plaintiffs’ Counsel, for Injunctive Relief, and/or for Other Appropriate Relief [ECF Nos. 107, 112, and 113] (collectively, the “Motions”). 11 12 2. 3. 4. On May 16, 2017, the Belsky/Tarquino Parties filed their Motion for Federal Rule of Civil Procedure 16 Status Conference [ECF No. 156] (the “Motion for Rule 16 Conference”). 17 18 The Belsky/Tarquino Parties presently have until May 22, 2017, to file their Replies in Support of the Motions [ECF No. 149]. 15 16 On May 1, 2017, following an extension of time to oppose the Motions [ECF No. 129], the Allstate Parties filed their Oppositions to the Motions [ECF Nos. 131 and 137-138]. 13 14 On April 6, 2017, the Belsky/Tarquino Parties filed their Motions for Sanctions, to 5. The Motion for Rule 16 Conference is presently set for hearing on June 8, 2017, at 3:00 PM [ECF No. 160]. 19 6. Because the outcome of the Motion for Rule 16 Conference may impact the Belsky/ 20 Tarquino Parties’ Replies in Support of the Motions, and in lieu of the Belsky/Tarquino Parties 21 potentially asking for leave to file Surreplies following the June 8, 2017 hearing on the Motion for 22 Rule 16 Conference, the Belsky/Tarquino Parties shall now have up to and including June 22, 2017 23 to file their Replies in Support of the Motions. 24 25 /// 26 27 /// 28 Page 2 of 3 1 2 7. This is the second stipulation to extend the deadline to file the Replies in Support of the Motions. This stipulation is made in good faith and not to delay the proceedings. 3 IT IS SO STIPULATED. 4 DATED this 22nd day of May, 2017. DATED this 22nd day of May, 2017. 5 BAILEYKENNEDY 6 FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC 7 By: 8 9 10 11 12 13 By: /s/ Joshua P. Gilmore DENNIS L. KENNEDY JOSEPH A. LIEBMAN JOSHUA P. GILMORE 8984 Spanish Ridge Avenue Las Vegas, NV 89148 /s/ Eron Z. Cannon ERON Z. CANNON 701 Fifth Avenue, Suite 4750 Seattle, WA 98104 JARED P. GREEN McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 8337 West Sunset Road, Suite 350 Las Vegas, NV 89113 Attorneys for Defendants/Counterclaimants Attorneys for Plaintiffs/Counterdefendants 14 15 IT IS SO ORDERED. 16 17 18 UNITED STATES MAGISTRATE JUDGE DATED: May 23, 2017 19 20 21 22 23 24 25 26 27 28 Page 3 of 3

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