Backman et al v. Goggin et al

Filing 151

ORDER Granting 145 Stipulation to Extend Time. Proposed Joint Pretrial Order due by 2/8/2019. Signed by Magistrate Judge Peggy A. Leen on 10/31/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01108-JCM-PAL Document 145 Filed 10/03/18 Page 1 of 4

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Craig A. Newby, Esq. (NSBN 8591)
Lisa Wiltshire Alstead, Esq. (NSBN 10470)
MCDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Michael C. Fee, Esq. (BBO No. 552796) (admitted pro hac vice)
Dennis M. Lindgren, Esq. (BBO No. 648007) (admitted pro hac vice)
PIERCE & MANDELL, P.C.
Beacon Street, Suite 800
Boston, MA 02108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Irving A. Backman, Irving A.
Backman Associates, LLC and G&B Energy,
Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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IRVING A. BACKMAN, an individual;
IRVING A. BACKMAN & ASSOCIATES,
LLC, a Massachusetts limited liability
company; and G&B ENERGY, INC., a
Massachusetts corporation.

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Plaintiff,

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vs.

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CHRISTOPHER M. GOGGIN, an individual;
and C2 ENGINEERING SERVICES, INC., a
North Carolina corporation.

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Defendants.

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AND RELATED CLAIMS

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Case No: 2:16-cv-01108-JCM-PAL
STIPULATION AND ORDER TO
CONTINUE JOINT PRE-TRIAL ORDER
DEADLINE AND RELATED
DEADLINES
(First Request)

Case 2:16-cv-01108-JCM-PAL Document 145 Filed 10/03/18 Page 2 of 4

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Pursuant to LR 26-4 and LR 1A 6-1, plaintiffs Irving A. Backman, Irving A. Backman &

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Associates, LLC, and G&B Energy, Inc. (“Plaintiffs”) and defendants Christopher M. Goggin and

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C2 Engineering Services, Inc. (“Defendants”), hereby stipulate as follows:

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WHEREAS, pursuant to the Order Approving Stipulation to Continue Discovery

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Deadlines [Docket No. 85] and Minute Order [Docket No. 126], all discovery deadlines, as

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amended and extended, have now passed;

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WHEREAS, on or around August 12, 2018, plaintiff Irving A. Backman, a 93-year old
man residing in Dedham, Massachusetts, had a stroke;

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WHEREAS, on September 11, 2018, the Court entered a Sealed Order granting in part

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and denying in part Plaintiffs’ Motion for Summary Judgment and said order restarted the time

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for the filing of a Joint Pretrial Order;

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WHEREAS, on September 25, 2018, Plaintiffs’ counsel was first able to speak with Mr.
Backman regarding the Sealed Order and the next steps in this case;

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WHEREAS, the deadline for the Parties to file a Joint Pretrial Order is in less than twenty-

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one days on October 11, 2018 and would have been less than twenty-one days prior to when

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Plaintiffs’ counsel was first able to speak with Mr. Backman;

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WHEREAS, the Parties agree that Mr. Backman should have some additional time to
recover from his stroke and to return to good health;

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WHEREAS, the Parties desire to continue with settlement negotiations in hopes of

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reaching a resolution and avoiding trial on the outstanding issues remaining following entry of

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this Court’s Sealed Order on Plaintiffs’ Motion for Summary Judgment;

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WHEREAS, the Parties agree that a four-month continuance is in their best interest to

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conserve time and expenses, and to avoid unnecessary work in preparing for trial and therefore

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good cause exists to stay these proceedings for the reasons stated herein;

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WHEREAS, the Parties desire a four-month continuance of the October 11, 2018 joint
pre-trial order deadline, until Friday, February 8, 2019;

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Page 2 of 4

Case 2:16-cv-01108-JCM-PAL Document 145 Filed 10/03/18 Page 3 of 4

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WHEREAS, the Parties agree that neither Plaintiffs nor Defendants will be prejudiced by
a temporary stay of proceedings;

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WHEREAS, this is the Parties’ first request to continue the joint pre-trial order deadline;

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NOW, THEREFORE, the Parties, by and through their respective counsel, subject to the

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agreement of this Court, hereby stipulate to and respectfully request that the Court issue an order

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providing that:

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1.

The upcoming deadline to file a Joint Pretrial Order shall be continued for four

months (from October 11, 2018 until Friday, February 8, 2019); and
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All other remaining deadlines be continued for four months.

DATED this 3rd day of October, 2018.

DATED this 3rd day of October, 2018.

McDONALD CARANO LLP

BLUT LAW GROUP, PC

By: /s/ Lisa Wiltshire Alstead
Craig A. Newby
Lisa Wiltshire Alstead
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102

By: /s/ Elliot Blut
Elliot S. Blut
300 South Fourth Street, Suite 701
Las Vegas, Nevada 89101

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Attorneys for Defendants
Christopher M. Goggin and C2
Engineering Services, Inc.

Michael C. Fee
Dennis M. Lindgren
PIERCE & MANDELL, P.C.
11 Beacon Street, Suite 800
Boston, MA 02108
Attorneys for Irving A. Backman, Irving A.
Backman Associates, LLC and G&B Energy, Inc.

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ORDER
IT IS SO ORDERED.

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____________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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October 31, 2018
DATED: ____________________________

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Page 3 of 4

Case 2:16-cv-01108-JCM-PAL Document 145 Filed 10/03/18 Page 4 of 4

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that I am an employee of McDonald Carano LLP, and that on the

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3rd day of October, 2018, I served a true and correct copy of the: JOINT STIPULATION TO

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CONTINUE JOINT PRE-TRIAL ORDER DEADLINE AND RELATED DEADLINES via

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the United States District Court’s CM/ECF system as follows:

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Elliot S. Blut, Esq.
Blut Law Group, PC
300 South Fourth Street, Suite 701
Las Vegas, Nevada 89101
Attorneys for Defendants
Christopher M. Goggin and C2
Engineering Services, Inc.

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/s/ Angela Shoults
An employee of McDonald Carano LLP

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4814-3977-8933, v. 1 

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