Allstate Insurance Company et al v. Belsky et al

Filing 510

ORDER granting ECF No. 509 Stipulation for Extension of Time. Motions due by 3/31/2023. Signed by Chief Judge Miranda M. Du on 2/24/2023. (Copies have been distributed pursuant to the NEF - HKL)

1 JONATHAN W. CARLSON
Nevada Bar No. 10536
2 TODD W. BAXTER
Admitted Pro Hac Vice
3 GREGORY S. MASON
Admitted Pro Hac Vice
4 McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
5 8337 West Sunset Road, Suite 350
Las Vegas, Nevada 89113
6 Telephone:
[phone]
Facsimile:
[phone]
7 [e-mail]
[e-mail]
8 [e-mail]
9 ERON Z. CANNON
Nevada Bar No. 8013
10 FAIN ANDERSON VANDERHOEF
ROSENDAHL O’HALLORAN SPILLANE PLLC
11 701 5th Avenue #4750
Seattle, Washington 98104
12 Telephone:
[phone]
Facsimile:
[phone]
13 [e-mail]
14 Attorneys for Plaintiffs/Counterdefendants
15

UNITED STATES DISTRICT COURT

16

DISTRICT OF NEVADA

17 ALLSTATE INSURANCE COMPANY,
ALLSTATE PROPERTY & CASUALTY
18 INSURANCE COMPANY, ALLSTATE
INDEMNITY COMPANY, and ALLSTATE
19 FIRE & CASUALTY INSURANCE
COMPANY,
20
Plaintiffs,
21
v.
22
MARJORIE BELSKY, MD; MARIO
23 TARQUINO, MD; MARJORIE BELSKY,
MD, INC., doing business as INTEGRATED
24 PAIN SPECIALISTS; and MARIO
TARQUINO, MD, INC., DOES 1-100, and
25 ROES 101-200,
26

Defendants.

27 AND RELATED CLAIMS
28
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

CASE NO. 2:15-cv-2265-MMD-DJA
STIPULATION AND ORDER TO
EXTEND THE DEADLINE FOR
DISPOSITIVE MOTIONS
[SEVENTEENTH REQUEST]

1

Plaintiffs and Counterdefendants, ALLSTATE INSURANCE COMPANY, ALLSTATE

2 PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY,
3 and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY (hereinafter “Allstate Parties”),
4 and Defendants and Counterclaimants MARJORIE BELSKY, M.D., MARIO TARQUINO, M.D.,
5 MARJORIE BELSKY, M.D., INC. d/b/a INTEGRATED PAIN SPECIALISTS, and MARIO
6 TARQUINO, M.D., INC. (hereinafter “Belsky Parties”), by and through their respective attorneys of
7 record, stipulate and agree to extend the March 10, 2023, deadline for dispositive motions beyond the
8 date set forth in the October 21, 2022 Order Extending Discovery [ECF No. 507] to March 31, 2023.
9

1.

Due to scheduling conflicts, the parties have yet to complete the deposition of Dennis

10 Prince, which was scheduled for January 10, 2023, however, Mr. Prince was not available at that time
11 due to a conflict. The parties have agreed to take the continued deposition sometime in the early part
12 of March. A final date is being worked out.
13

2.

Further, due to work load issues over the last two months, the holiday season and

14 scheduling conflicts for respective counsel for the Allstate Parties (Todd W. Baxter) and the Belsky
15 Parties (Samuel R. Mirkovich), and in light of the critical importance of the Belsky Parties’ motion as
16 to Allstate’s claims herein and the Allstate Parties’ motion on the Belsky Parties’ counterclaims, an
17 extension of time is necessary to complete work on the motions.
18

3.

For example, starting on January 30, 2023 through February 4, 2023, counsel for the

19 Allstate Parties unexpectedly had a medical issue that arose leading to a limited work schedule. That
20 has since resolved. In addition Mr. Baxter was in trial during the week of February 6, 2023 in Tulare
21 County Superior Court in Visalia, California. Mr. Baxter is also preparing oppositions to two
22 extensive motions for summary judgment filed in the case of Allstate et. al. v. Shah, et al., also venued
23 with this Court, which are scheduled to be filed on March 3, 2023.
24

4.

Although counsel for the Allstate Parties and the Belsky Parties have been diligently

25 working on the motions, additional time is needed due to unanticipated work-related issues and
26 scheduling conflicts.
27

5.

The parties stipulate and agree to extend the deadline for dispositive motions from

28 March 10, 2023 to March 31, 2023.
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

003246-001560 8925254 1

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