Allstate Insurance Company et al v. Belsky et al

Filing 531

ORDER granting ECF No. 530 Stipulation : Responses to ECF Nos. 518 , 522 Motions for Summary Judgment due by 6/19/2023. Signed by Chief Judge Miranda M. Du on 4/26/2023. (Copies have been distributed pursuant to the NEF - DRM)

Case 2:15-cv-02265-MMD-DJA Document 531 Filed 04/26/23 Page 1 of 4

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

CASE NO. 2:15-cv-2265-MMD-DJA
STIPULATION AND ORDER TO
EXTEND THE DEADLINE FOR
PARTIES TO RESPOND TO MOTIONS
FOR SUMMARY JUDGMENT [ECF 518]
and [ECF 522]
[FIRST REQUEST]

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 PARTIES TO RESPOND TO PARTIES’
MOTIONS FOR SUMMARY JUDGMENT

Case 2:15-cv-02265-MMD-DJA Document 531 Filed 04/26/23 Page 2 of 4

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 May 5, 2023, deadline for all parties to respond to their
8 respective Motions for Summary Judgment filed on April 14, 2023, Allstate Parties [ECF 518] and
9 Belsky Parties [ECF 522], extending the deadline for responses to each motion to June 19, 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 (Peter S. Christiansen), and in
12 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, is preparing a reply to an opposition to

16 Allstate’s motions for summary judgment on the Defendants Counterclaims in the case of Allstate v.
17 Shah Case No. 2:15-cv-01786-APG-DJA. That reply is due on April 28, 2023. Mr. Baxter also has
18 an appellate opening brief due on April 28, 2023, another opening brief due on May 3, 2023, as well
19 as a third opening brief due on May 13, 2023, in the state Court of Appeal in Fresno, California.
20

3.

Counsel for the Belsky Parties, Mr. Christiansen, has a trial in May. The case is

21 entitled State of Nevada v. Durwin Allen, C-17-323628-1. The case involves two counts of First
22 Degree Murder and one count of Attempted Murder. The trial court will not extend the matter out any
23 further and there is a firm trial setting of May 30, 2023. Because of the number of victims, potential
24 witnesses and physical evidence, as well as the severity of the crimes and potential penalty, the trial
25 requires substantial preparation not only of Mr. Christiansen, but of other lawyers within the firm.
26

4.

Further, this Court requested that the parties brief the issue of whether this matter is a

27 related case to the Allstate v. Shah matter detailed above. That ordered was issued on April 14, 2023
28 and the parties filed and served their responses on April 21, 2023.
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
2
STIPULATION AND ORDER TO EXTEND THE DEADLINE FOR PARTIES TO RESPOND TO PARTIES’
MOTIONS FOR SUMMARY JUDGMENT

Case 2:15-cv-02265-MMD-DJA Document 531 Filed 04/26/23 Page 3 of 4

1

5.

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

2 discovery having been completed that must be summarized for purposes of responding to the motions
3 that have been filed. The motion for summary judgment filed by the Belsky Parties contains a 454 page points and authorities, with an extensive amount of exhibits attached thereto that must be
5 reviewed and summarized. The motions at issue are of critical importance; however, due to the
6 existing work schedule of counsel for both parties, including, but not limited to, substantial appellate
7 briefing in other matters and briefing of a reply to an opposition for summary judgment for Allstate
8 Parties in a separate case, as well as an upcoming trial for Belsky Parties counsel, in order to ensure
9 that the parties have a full and adequate opportunity to respond to the motions [ECF No. 518 and 522],
10 good cause exists to extend the dispositive motion deadline to June 19, 2023.
11

6.

Although counsel for the Allstate Parties and the Belsky Parties have begun to work on

12 the responses to the respective motions and will diligently work on those oppositions, additional time
13 is needed due to work-related issues and scheduling conflicts.
14

7.

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

15 May 5, 2023 to June 19, 2023.
16

8.

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

17

Trial has not been scheduled in this matter.

18

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

19

DATED this 25th day of April, 2023

DATED this 25th day of April, 2023

20

CHRISTIANSEN LAW OFFICES

21

FAIN ANDERSON VANDERHOEF
ROSENDAHL O'HALLORAN
SPILLANE PLLC

22

By: /s/ Todd W. Baxter

By: /s/ Peter S. Christiansen

23

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

24
25
26
27
28
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

///
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Case No. 2:15-cv-2265-MMD-DJA
3
STIPULATION AND ORDER TO EXTEND THE DEADLINE FOR PARTIES TO RESPOND TO PARTIES’
MOTIONS FOR SUMMARY JUDGMENT

Case 2:15-cv-02265-MMD-DJA Document 531 Filed 04/26/23 Page 4 of 4