Krogstad v. Nationwide Biweekly Administration, Inc. et al

Filing 83

ORDER Granting 82 Stipulation Staying Proceedings and Granting Leave of the Court for Substitution of Counsel. Signed by Magistrate Judge Carl W. Hoffman on 7/10/17. (Copies have been distributed pursuant to the NEF - MR)

J. RANDALL JONES, ESQ.
Nevada Bar No.: 001927
MADISON ZORNES-VELA, ESQ.
Nevada Bar No.: 013626
KEMP, JONES & COULTHARD, LLP
3800 Howard Hughes Parkway
Seventeenth Floor
Las Vegas, Nevada 89169
Tel. [phone]
Email: [e-mail]
[Additional counsel listed on signature page]
Attorneys for Defendant and
Third-Party Plaintiff Nationwide Biweekly Administration, Inc.

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DEAN KROGSTAD, on behalf of himself
and, all others similarly situated
Plaintiff,

Case No.: 2:16-cv-00465–APG-CWH

v.
NATIONWIDE BIWEEKLY
ADMINISTRATION, INC. and LOAN
PAYMENT ADMINISTRATION, LLC,

STIPULATION AND ORDER
STAYING PROCEEDINGS AND
GRANTING LEAVE OF THE COURT
FOR SUBSTITUTION OF COUNSEL

Defendants.

STIPULATION AND ORDER STAYING PROCEEDINGS AND GRANTING LEAVE
OF THE COURT FOR SUBSTITUTION OF COUNSEL

Pursuant to LR IA 6-2 and LR 7-1, Defendants Loan Payment Administration, LLC. and
Nationwide Biweekly Administration, Inc. (“Defendants”) and Plaintiff Dean Krogstad, on

behalf of himself and all others similarly situated (“Plaintiff”) (collectively, the “Parties”), by
and through their respective counsel of record, hereby stipulate and agree as follows:
1.

On November 22, 2016, Defendants commenced an action against BMO Harris,

N.A. (“BMO”) by filing a third-party complaint (ECF No. 40).
2.

On January 12, 2017, BMO filed a Motion to Compel Arbitration and Dismiss

Third-Party Complaint (ECF No. 51).
3.

On April 13, 2017, this Court granted BMO’s Motion to Compel Arbitration and

Dismiss Third-Party Complaint (ECF No. 76).
4.

On May 10, 2017, Defendants filed a Notice of Appeal to this Court’s Order

compelling arbitration and dismissing third-party complaint (ECF No. 77).
5.

If the appeal were granted, it would best utilize the Court and the Parties’ time to

simultaneously address the issues in this case; and thus, the Parties jointly request an Order
administratively staying this case during the pendency of Defendant’s appeal to ECF No. 76.
6.

The Parties further request that the Court extend Defendants’ response time to

pending discovery to thirty (30) days from the date the Court lifts the stay.
7.

The Parties agree that within thirty (30) days of the exhaustion of all appeals to

ECF No. 76, the parties shall meet and confer and submit to the Court a stipulated discovery plan
and scheduling order.
8.

Finally, Defendants intend to substitute their counsel of record; both local and pro

hac vice counsel; and thus, the Defendants request the Court grant leave to permit them the filing
of a substitution of counsel.

DATED this 30th day of June 2017.

KEMP JONES & COULTHARD, LLP

MUEHLBAUER LAW OFFICE, LTD.

/s/ J. Randall Jones
J. Randall Jones, Esq. (#1927)
Madison P. Zornes-Vela (#13626)
Wells Fargo Tower, 17th Floor
3800 Howard Hughes Parkway
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

/s/ Andrew R. Muehlbauer
Andrew R. Muehlbauer (#10161)
7915 West Sahara Ave., Suite 104
Las Vegas, Nevada 78117
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Dean Krogstad, on behalf of
himself and all others similarly situated

MARKOVITS, STOCK & DEMARCO, LLC
/s/ W.B. Markovits
W.B. Markovits
Ohio Bar No.: 0018514
Christopher D. Stock
Ohio Bar No.: 0075443
119 East Court Street, Suite 530
Cincinnati, OH 45202
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Nationwide Biweekly
Administration, Inc., and Loan Payment
Administration, LLC.
IT IS ORDERED:

____________________________________
UNITED STATES MAGISTRATE JUDGE
July 10, 2017
DATED: ___________________________