Allstate Insurance Company et al v. Belsky et al

Filing 512

ORDER granting ECF No. 511 Stipulation to Extend Deadline : Dispositive Motions due by 4/14/2023. Signed by Chief Judge Miranda M. Du on 3/28/2023. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:15-cv-02265-MMD-DJA Document 512 Filed 03/28/23 Page 1 of 3

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
[SECOND REQUEST]

Case 2:15-cv-02265-MMD-DJA Document 512 Filed 03/28/23 Page 2 of 3

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 31, 2023, deadline for dispositive motions established
8 in the February 24, 2023 order of this Court [ECF No. 510], extending the deadline for dispositive
9 motions to April 14, 2023.
10

1.

The extension is due to work load issues and scheduling conflicts for respective

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

2.

Counsel for Allstate Parties, Mr. Baxter, has been preparing two oppositions to

16 extensive motions for summary judgment filed by the defendants in the case of Allstate v. Shah Case
17 No. 2:15-cv-01786-APG-DJA, with the first opposition being filed on March 9, 2023 and the second
18 opposition being filed on March 14, 2023. The due dates on these oppositions was extended in part
19 due to an illness impacting Mr. Baxter. Mr. Baxter also has an appellate brief due on March 29, 2023,
20 and another due on April 6, 2023 in the state Court of Appeal in Fresno, California.
21

3.

There are a number of issues and claimants involved in this case, with extensive

22 discovery having been completed that must be summarized for purposes of the motions to be filed.
23 The motions at issue are of critical importance; however, due to the existing work schedule of counsel
24 for the parties, including, but not limited to, substantial appellate briefing in other matters and briefing
25 on summary judgment for Allstate parties in a separate case, in order to ensure that the parties have a
26 full and adequate opportunity to prepare the motions, good cause exists to extend the dispositive
27 motion deadline to April 14, 2023.
28
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

003246-001560 9004944.1

2

Case 2:15-cv-02265-MMD-DJA Document 512 Filed 03/28/23 Page 3 of 3

1

4.

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

2 working on the motions, additional time is needed due to unanticipated work-related issues and
3 scheduling conflicts.
4

5.

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

5 March 31, 2023 to April 14, 2023.
6

6.

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

7

Trial has not been scheduled in this matter.

8

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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14
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DATED this 28th day of March, 2023

DATED this 28th day of March, 2023

FAIN ANDERSON VANDERHOEF
ROSENDAHL O'HALLORAN
SPILLANE PLLC

CAMPBELL & WILLIAMS

By: /s/ Todd W. Baxter

By: /s/ Samuel R. Mirkovich

ERON Z. CANNON
JENNIFER M. SMITROVICH
701 Fifth Avenue, Suite 4750
Seattle, WA 98104

DONALD J. CAMPBELL
J. COLBY WILLIAMS
SAMUEL R. MIRKOVICH
710 South Seventh Street, Suite A
Las Vegas, Nevada 89101

TODD W. BAXTER
McCORMICK, BARSTOW,
SHEPPARD, WAYTE, &
CARRUTH LLP
8337 West Sunset Road,
Suite 350
Las Vegas, NV 89113

PETER S. CHRISTIANSEN
KENDELEE L. WORKS
710 South Seventh Street, Suite B
Las Vegas, Nevada 89101

16
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19
20
21

Attorneys for Defendants
Counterclaimants

Attorneys for Plaintiffs/
Counterdefendants

22
23
24

IT IS SO ORDERED.
March 28, 2023
DATED:

25

UNITED STATES DISTRICT JUDGE

26
27
28
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

003246-001560 9004944.1

3