Allstate Insurance Company et al v. Belsky et al

Filing 534

ORDER granting ECF No. 533 Stipulation for Extension of Time. Deadline for Parties to Respond to Motions for Summary Judgment (ECF Nos. 518 , 522 ) is extended to 6/30/2023. Signed by Chief Judge Miranda M. Du on 6/8/2023. (Copies have been distributed pursuant to the NEF - DLS)

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]
[SECOND 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

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
7 of record, stipulate and agree to extend the June 19, 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 30, 2023.
10

1.

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

11 Allstate Parties (Todd W. Baxter), and in light of the critical importance of the Belsky Parties’
12 motion as to Allstate’s claims herein, an extension of time is necessary to complete work on the
13 detailed and complex motion.
14

2.

Counsel for Allstate Parties, Mr. Baxter, is involved in a trial that is now scheduled

15 to move forward on June 13, 2023 through June 16, 2023. In addition, Mr. Baxter just completed a
16 reply to an opposition to Allstate’s motions for summary judgment on the Defendants Counterclaims
17 in the case of Allstate v. Shah Case No. 2:15-cv-01786-APG-DJA. That reply was filed on May 24,
18 2023, and Mr. Baxter also just filed an opening brief in an appeal with the Fifth District Court of
19 Appeal, in Fresno California on June 5, 2023. Mr. Baxter has another opening brief due on June
20 12, 2023.
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 responding to the
23 motions that have been filed. The motion for summary judgment filed by the Belsky Parties contains
24 a 45-page points and authorities, with an extensive amount of exhibits attached thereto that must be
25 reviewed and summarized. The motion at issue is of critical importance; however, due to the
26 existing work schedule of counsel for both parties, including, but not limited to, a trial involving
27 counsel for Allstate, substantial appellate briefing in other matters and briefing of a reply to an
28 opposition for summary judgment for Allstate Parties in a separate case, in order to ensure that
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