Allstate Insurance Company et al v. Belsky et al

Filing 554

ORDER granting 553 Stipulation for Extension of Time to File Replies to 518 and 522 Motions for Summary Judgment. Replies due by 8/21/2023. Signed by Chief Judge Miranda M. Du on 7/11/2023. (Copies have been distributed pursuant to the NEF - RGDG)

Case 2:15-cv-02265-MMD-DJA Document 554 Filed 07/11/23 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
JENNIFER M SMITROVICH, Admitted Pro Hac Vice
10 FAIN ANDERSON VANDERHOEF
ROSENDAHL O’HALLORAN SPILLANE PLLC
11 3131 Elliott Ave. #300
Seattle, WA 98121
12 Telephone:
[phone]
Facsimile:
[phone]
13 [e-mail]; [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 FILE REPLIES TO
RESPONSES TO MOTIONS FOR
SUMMARY JUDGMENT [ECF 539] and
[ECF 547]
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 FILE REPLIES TO PARTIES’
OPPOSITIONS TO MOTIONS FOR SUMMARY JUDGMENT

Case 2:15-cv-02265-MMD-DJA Document 554 Filed 07/11/23 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 July 21, 2023, deadline for all parties to file replies to the
8 responses [ECF No. 539 (Allstate) and 547 (Belsky Parties) that were filed on July 7, 2023 to their
9 respective Motions for Summary Judgment, Allstate Parties [ECF 518] and Belsky Parties [ECF 522],
10 extending the deadline for relies to the responses to each motion to August 21, 2023.
11

1.

The extension is due to summer vacation schedules, work load issues and scheduling

12 conflicts for respective counsel for both parties, and in light of the critical importance of the Belsky
13 Parties’ motion as to Allstate’s claims herein and the Allstate Parties’ motion on the Belsky Parties’
14 counterclaims, an extension of time is necessary to complete work on the detailed and complex
15 motions.
16

2.

Counsel for Allstate Parties, Mr. Baxter, is involved in a matter where he is preparing a

17 response to a petition for writ of mandate that must be filed with the Fifth District Court of Appeal in
18 Fresno by Monday, July 17, 2023. He also is preparing an opening brief on an appeal that is due July
19 12, 2023 with the same court. He also has another opening brief on appeal due on July 31, 2023 with
20 the same court. Mr. Baxter will be out on a scheduled vacation from August 1, 2023 through August
21 11, 2023.
22

3.

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

23 discovery having been completed that must be summarized for purposes of responding to the motions
24 that have been filed. The response filed by Allstate to the Belsky’s motion for summary judgment
25 contains a 45-page points and authorities, with an extensive amount of exhibits attached thereto that
26 must be reviewed and summarized. The motions at issue are of critical importance; however, due to
27 the existing work schedule of counsel for both parties, including scheduled vacation, including, but
28 not limited to, the issues outlined in paragraph 2 above, in order to ensure that the parties have a full
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 FILE REPLIES TO PARTIES’
OPPOSITIONS TO MOTIONS FOR SUMMARY JUDGMENT

Case 2:15-cv-02265-MMD-DJA Document 554 Filed 07/11/23 Page 3 of 3