Allstate Insurance Company et al v. Belsky et al

Filing 536

ORDER granting ECF No. 535 Stipulation for Extension of Time. Deadline for parties to respond to Motions for Summary Judgment (ECF Nos. 518 , 522 ) is extended to 7/7/2023. Signed by Chief Judge Miranda M. Du on 6/26/2023. (Copies have been distributed pursuant to the NEF - DLS)

Case 2:15-cv-02265-MMD-DJA Document 536 Filed 06/26/23 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] THIRD REQUEST AS TO
RESPONSES

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 536 Filed 06/26/23 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 June 30, 2023, deadline for all parties to respond to their
8 respective Motions for Summary Judgment, Allstate Parties [ECF 518] and Belsky Parties [ECF 522],
9 extending the deadline for responses to each motion to July 7, 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 in light of the critical importance of the Belsky
12 Parties’ motion as to Allstate’s claims herein and the Allstate Parties’ motion on the Belsky Parties’
13 counterclaims, an extension of time is necessary to complete work on the detailed and complex
14 motions.
15

2.

Counsel for Allstate Parties, Mr. Baxter, is involved in a matter that involves the

16 unexpected preparation and filing of a petition for writ of mandate with the Fifth District Court of
17 Appeal by Friday, June 30, 2023, seeking a stay of a trial that is to begin July 11, 2023. In addition,
18 and critically for Allstate’s response herein, an attorney assisting Mr. Baxter with an important
19 segment of the response has had some unexpected emergency issues come up which has impacted her
20 schedule for finishing her segment, which has impacted the completion of the response. Mr. Baxter
21 was also involved in a trial on June 14th through the 15th, involving a petition to terminate the
22 guardianship of three Native American girls. The trial was stopped on the afternoon of June 15th due
23 to the issuance of Haaland v. Bracken by the United States Supreme Court, with the trial court seeking
24 briefing regarding the impact the issuance of the matter will have on the guardianship issues. This
25 was an unexpected event, which has also impact Mr. Baxter’s schedule regarding the response herein
26 for purposes of evaluating this decision and the impact in the matter. Due to the above, Allstate’s
27 counsel is seeking a one-week extension to complete all aspects of the complex response, which
28 includes bringing a motion to file an oversized brief and a motion to seal certain documents.
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 536 Filed 06/26/23 Page 3 of 4

1

3.

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, the issues outlined in
7 paragraph 2 above, in order to ensure that the parties have a full and adequate opportunity to respond
8 to the motions [ECF No. 518 and 522], good cause exists to extend the dispositive motion deadline to
9 July 7, 2023.
10

4.

Thus, the parties stipulate and agree to extend the deadline for the responses to

11 dispositive motions from June 30, 2023 to July 7, 2023. Additional time is not expected to be needed.
12

5.

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

13

Trial has not been scheduled in this matter.

14

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

15

DATED this 26th day of June, 2023

DATED this 26th day of June, 2023

16

CHRISTIANSEN LAW OFFICES

17

FAIN ANDERSON VANDERHOEF
ROSENDAHL O'HALLORAN
SPILLANE PLLC

18

By: /s/ Todd W. Baxter

By: /s/ Samuel R. Mirkovich

19

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

20
21
22
23
24
25
26
27

Attorneys for Defendants
Counterclaimants

Attorneys for Plaintiffs/
Counterdefendants

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
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 536 Filed 06/26/23 Page 4 of 4