Blackwelder v. Thornton et al

Filing 70

ORDER. IT IS ORDERED that Defendant/Crossdefendant/Crossclaimant Brian Howells shall have until 3/20/18, in which to retain substitute counsel. IT IS FURTHER ORDERED that the status conference currently scheduled for 10:00 a.m., 2/20/18, is VACATE D and CONTINUED to 9:30 a.m., 3/27/18, in Courtroom 3B. IT IS FURTHER ORDERED that the parties shall have until 3/23/18 to file a joint status report advising whether the case has settled. Signed by Magistrate Judge Peggy A. Leen on 2/16/2018. (Copies have been distributed pursuant to the NEF - cc: Defendants/Crossdefendants/Crossclaimants as noted in order - ADR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

DONALD L. BLACKWELDER,

8
9
10

v.

Case No. 2:15-cv-02373-JAD-PAL
Plaintiff,

ORDER

CHARLES THORNTON, et al.,
Defendants.

11
12

Before the court is Plaintiff Donald L. Blackwelder’s Status Report (ECF No. 68). The

13

status report advises that the parties are trying to settle this matter. A settlement meeting was

14

scheduled on February 15, 2018 between plaintiff and defendant Thornton and his counsel. The

15

status report also advises that Mr. Howells sent plaintiff’s counsel an email February 12, 2018,

16

indicating that Mr. Howells had recently learned of the court’s December 22, 2017 order requiring

17

him to find substitute counsel or file a statement indicating he will appear pro se by February 12,

18

2018. In a letter addressed to the court Mr. Howells requests an extension until March 6, 2018 to

19

make arrangements for new counsel. He also asks that the court continue the February 20, 2018

20

hearing. See Exhibit 3.

21

The New Jersey Receiver for Aecos prepared a submission to the court which is attached

22

as Exhibit 4 to the status report. The Receiver is a New Jersey lawyer but is not admitted to state

23

or federal court in Nevada and has not applied to appear pro hac vice in this case. Thus, he does

24

not purport to represent Aecos in this case. However, his submission addresses the court’s order

25

requiring Aectos to retain substitute counsel by February 12, 2018, and indicating that failure to

26

timely comply may result in a recommendation that default judgment be entered against it. The

27

Receiver indicates that a lack of liquidity prevents Aecos from retaining counsel. However, he is

28

in discussions with the parties’ respective New Jersey and Nevada counsel in an effort to reach a
1

1

global resolution of all claims against Aecos in both jurisdictions. He fears entry of default

2

judgment may “derail” settlement discussions scheduled on February 15, 2018 “as it could render

3

Aecos in need of statutory protection from creditors.” He asks that the court extend the deadline

4

to retain substitute counsel and refrain from recommending default for 60 days to allow the parties’

5

settlement discussions to continue.

6

This case was filed December 15, 2015 and should be brought to trial no later than

7

December 2018. Little to no progress has been made to bring this case to resolution for a

8

substantial period of time. The court will grant Mr. Howells’ request for an additional two weeks

9

to retain counsel and reschedule the hearing to allow the parties to attempt to reach a global

10

resolution of their disputes within a reasonable period of time. However, the court will not

11

continue to suspend progress towards bringing this case to ultimate resolution much longer.

12

IT IS ORDERED that:

13

1.

Defendant/Crossdefendant/Crossclaimant Brian Howells shall have until March

14

20, 2018, in which to retain substitute counsel who shall make an appearance in

15

accordance with the requirements of the Local Rules of Practice, or file a notice

16

with the court that he will be appearing in this matter pro se, that is representing

17

himself.

18

2.

Howells’ failure to timely comply with this order by either obtaining substitute

19

counsel, or filing a notice that he will be appearing in this matter pro se may result

20

in the imposition of sanctions, which may include a recommendation to the District

21

Judge that his answer be stricken and/or a default judgment be entered against him.

22

3.

As

a

corporation

cannot

appear

except

through

counsel,

23

Defendant/Crossdefendant/Crossclaimant Aecos, Ltd. shall have until March 20,

24

2018, in which to retain substitute counsel who shall make an appearance in

25

accordance with the requirements of the Local Rules of Practice.

26
27

4.

Aecos, Ltd’s failure to timely comply with this order by obtaining substitute
counsel may result in the imposition of sanctions, which may include a

28
2

1

recommendation to the District Judge that a judgment be entered against it for failue

2

to comply.

3

5.

The Clerk of the Court shall serve the Defendants/Crossdefendants/Crossclaimants

4

with a copy of this order at their last known addresses:

5

Brian S. Howells
c/o Keith N. Biebelbert
374 Millburn Ave.
Millburn, New Jersey 07041
Fax: [phone]
Cell: [phone]
[e-mail]

6
7
8
9

Aecos, Ltd.
325 Columbia Turnpike, Suite 111
Florham Park, NJ 07932
Office: [phone]

10
11

Aecos, Ltd.
c/o Adam K. Derman, Receiver
One Boland Dr.
West Orange, NJ 07052
Fax: [phone]

12
13
14
15
16
17
18
19
20

6.

The status conference currently scheduled for 10:00 a.m., February 20, 2018, is

VACATED and CONTINUED to 9:30 a.m., March 27, 2018, in Courtroom 3B.
7.

The parties shall have until March 23, 2018 to file a joint status report advising

whether the case has settled, and if so, when settlement documents will be finalized, or if the case
has not settled, their proposal for bringing this case to ultimate resolution.
DATED this 15th day of February, 2018.

21
22

PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
3