Blackwelder v. Thornton et al

Filing 81

ORDER. IT IS ORDERED that the settling parties shall have until 7/27/18 to file a stipulation for dismissal with prejudice. Signed by Magistrate Judge Peggy A. Leen on 7/19/2018. (Copies have been distributed pursuant to the NEF - ADR) Modified on 7/20/18 to correct filing and signature date.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DONALD BLACKWELDER,

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v.

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Plaintiff,

ORDER

CHARLES THORNTON, et al.,
Defendants.

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

This matter is before the court on defendant Aecos, Ltd’s (“Aecos”) failure to comply with
this court’s Order (ECF No. 77) requiring Aecos to retain counsel who shall make an appearance
in this case in accordance with the requirements of the Local Rules of Practice by June 1, 2018
unless it has executed a settlement agreement and applied to the New Jersey Court in which the
receivership is pending for approval. The order was returned as undeliverable. The clerk mailed
the order to a second address to the attention of the Recevier, Adam Derman.

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On July 17, 2018 plaintiffs filed a status report (ECF No. 79) advising the court that

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plaintiffs and Thornton have settled and have prepared a stipulation to dismiss with prejudice but

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have not yet filed it while “the parties await culmination of other settlements by Plaintiffs and

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other defendants to ascertain what parties are required to execute the dismissal.” Plaintiffs and

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Thornton will submit a stipulation for dismissal or move the court for that relief no later than July

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27, 2018. Plaintiffs and the Receiver for Aecos have finalized their settlement, executed a

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settlement agreement and the Receiver filed a motion with the New Jersey court seeking approval

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which is set for hearing July 20, 2018. A copy of the motion and signed agreement are attached

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to the status report.

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Plaintiffs are still attempting to reach an agreement with pro se defendant Howell, and will
report to the court no later than July 27, 2018.
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Discovery closed July 9, 2018. The deadline for filing dispositive motions runs August 8,

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2018, and the deadline for filing the joint pretrial order is September 7, 2018 unless a dispositive

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motion is timely filed.

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Accordingly,

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IT IS ORDERED that the settling parties shall have until July 27, 2018 to file a stipulation

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for dismissal with prejudice.
DATED this 19th day of July, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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