IDS Property & Casualty Insurance Company v. Mathis et al

Filing 49

ORDER Granting 48 Stipulation to Stay Proceedings Pending Conclusion of Mediation Set for 5/8/2018. Signed by Magistrate Judge George Foley, Jr on 4/2/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02069-APG-GWF Document 48 Filed 03/29/18 Page 1 of 5

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HOLLEY DRIGGS WALCH
FINE WRAY PUZEY & THOMPSON
JAMES W. PUZEY, ESQ.
Nevada Bar No. 5745
800 South Meadows Parkway, Suite 800
Reno, Nevada 89521
[phone]
Attorney for Plaintiff, Julie Mathis
DUNLAP & LAXALT
CALVIN R. X. DUNLAP, ESQ.
Nevada Bar No. 2111
MONIQUE LAXALT, ESQ.
Nevada Bar No. 1969
537 Ralston Street
Reno, NV 89503
[phone]
Attorneys for Plaintiff, Marlys Plumer
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JULIE MATHIS, an individual, MARLYS
PLUMER, an individual and CYNTHIA
SUTHERLAND, in her Capacity as Special
Administrator of the Estates of Robert Mathis
and Linda Mathis,
Plaintiffs,

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Case No. 2:16-cv-02069-APG-GWF
Consolidated with Case No. 3:17-cv-00214HDM-VPC

v.
IDS PROPERTY & CASUALTY INSURANCE
COMPANY, a Wisconsin Corporation,
AMERIPRISE AUTO & HOME INSURANCE
COMPANY, a Wisconsin Corporation,
AMERIPRISE INSURANCE COMPANY, a
Wisconsin Corporation, AMERIPRISE AUTO &
HOME INSURANCE AGENCY, INC., a
Wisconsin Corporation and AMERIPRISE
FINANCIAL, INC. a Delaware Corporation,

STIPULATION AND ORDER TO STAY
PROCEEDINGS PENDING
CONCLUSION OF MEDIATION SET
FOR MAY 8, 2018

Defendants.
COMES NOW, PLAINTIFFS, JULIE MATHIS and MARLYS PLUMER (collectively

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hereinafter, “the Parties”) by and through their attorney of record, JAMES W. PUZEY, ESQ.

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CALVIN R. X. DUNLAP, ESQ. and MONIQUE LAXALT, ESQ, respectively, Plaintiff,

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CYNTHIA SUTHERLAND, in her capacity as Special Administrator of the Estates of Robert

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Case 2:16-cv-02069-APG-GWF Document 48 Filed 03/29/18 Page 2 of 5

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Mathis and Linda Mathis, by and through her attorney of record, CHARLES B. WOODMAN,

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ESQ. and DEFENDANTS, IDS PROPERTY & CASUALTY INSURANCE COMPANY,

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AMERIPRISE AUTO & HOME INSURANCE COMPANY, AMERIPRISE INSURANCE

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COMPANY, AMERIPRISE AUTO & HOME INSURANCE AGENCY, INC. and

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AMERIPRISE FINANCIAL, INC. (hereinafter collectively “Defendants”) by and through its

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attorney of record, THOMAS FRIEDMAN of BROWN, BONN & FRIEDMAN, LLP, hereby

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stipulate and agree as follows:
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1.

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Amended Complaint on or about June 26, 2017.
2.

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IDS PROPERTY & CASUALTY INSURANCE COMPANY filed a First

IDS PROPERTY & CASUALTY INSURANCE COMPANY, AMERIPRISE

AUTO & HOME INSURANCE COMPANY, AMERIPRISE INSURANCE COMPANY,
AMERIPRISE AUTO & HOME INSURANCE AGENCY, INC. and AMERIPRISE
FINANCIAL, INC., filed a Motion to Dismiss on or about June 27, 2017.

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3.

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Motion to Dismiss on or about August 8, 2017.
4.

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JULIE MATHIS and MARLYS PLUMER’s filed an Answer to the Amended

Complaint on or about August 9, 2017.

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JULIE MATHIS and MARLYS PLUMER filed an Opposition to Defendant’s

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IDS PROPERTY & CASUALTY INSURANCE COMPANY filed a Reply to

Plaintiff’s Opposition to the Motion to Dismiss on or about August 25, 2017.

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6.

On March 6, 2018, the Court issued its order granting Defendant’s Motion to

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Dismiss in part.

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Case 2:16-cv-02069-APG-GWF Document 48 Filed 03/29/18 Page 3 of 5

7.

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AMERIPRISE AUTO & HOME INSURANCE AGENCY, INC., AMERIPRISE

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AUTO & HOME INSURANCE COMPANY, AMERIPRISE FINANCIAL INC. and

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AMERIPRISE INSURANCE COMPANY filed an Answer to the Complaint on or about March

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20, 2018.

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8.

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The Plaintiffs and Defendants are amendable to conducting Mediation on May 8,

2018 at 9:00 a.m. to be held at Robert Eisenberger’s office.

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9.

In connection with the Mediation and in an effort to preserve resources, Plaintiffs

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and Defendants hereby agree to stay this action, including discovery and motion briefing, until
after the conclusion of the May 8, 2018 mediation.
10.

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To determine if a stay is appropriate, the Court considers (1) damage from the

stay; (2) hardship or inequity that befalls one party more than the other; and (3) the orderly
course of justice. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059,
1066 (9th Cir. 2007). Here the parties agree these factors support their Stipulation to Stay

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litigation.
a.

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Damage from Stay: Any damage from a temporary stay will be minimal if

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balanced against the potential fees, costs, and time that would surely ensue in this matter if

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litigation were allowed to continue, which could be mooted by a resolution of the multiple

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actions. Indeed, if the matter is settled, the Court will be relieved of expending further time and

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efforts in this matter. Therefore, a stay will benefit all parties involved herein.

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Case 2:16-cv-02069-APG-GWF Document 48 Filed 03/29/18 Page 4 of 5

b.

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Hardship or Inequity:

There will be no significant hardship or inequity that

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befalls unto either party, more than the other, given the relatively short period of the requested

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stay.

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outweighed by the benefits of the stay.

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The parties agree that any hardship or inequity that may fall upon any of them is

c.

Orderly Course of Justice: By staying this matter temporarily so the parties may

engage in settlement discussions with the Court’s assistance, the potential for inconsistent

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outcomes is lessened with the chances of a settlement. Without a stay, the parties will expend
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resources unnecessarily if a settlement is reached. As such, a temporary stay would substantially
promote the orderly course of justice.
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The parties therefore agree that all proceedings in this instant case, including

motion, discovery and other litigation deadlines are stayed pending the conclusion of the
mediation set for May 8, 2018 at 9:00 a.m.

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12.

In the event this matter is not resolved at the May 8, 2018 mediation, Plaintiffs

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and Defendants shall submit an Amended Discovery Plan and Scheduling Order to the Court not
later than fourteen (14) days after the conclusion of the mediation.

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Case 2:16-cv-02069-APG-GWF Document 48 Filed 03/29/18 Page 5 of 5

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13.

This Stipulation is not brought for the purpose of delay and counsel hereby

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certifies this Stipulation is made with the knowledge and consent of their clients.

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Attorney for JULIE MATHIS

Attorneys for MARLYS PLUMBER

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/S/ JAMES W. PUZEY, ESQ.
HOLLEY DRIGGS WALCH
FINE WRAY PUZEY & THOMPSON
JAMES W. PUZEY, ESQ. (NBN 5745)
Nevada Bar No, 5745
800 South Meadows Parkway, Suite 800
Reno, Nevada 89521
Telephone:
[phone]

/S/ CALVIN R. X. DUNLAP, ESQ.
DUNLAP & LAXALT
CALVIN R. X. DUNLAP, ESQ.
Nevada Bar No. 2111
MONIQUE LAXALT, ESQ.
Nevada Bar No. 1969
537 Ralston Street
Reno, NV 89503

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Dated this 29th day of March, 2018

Dated this 29th day of March, 2018

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Attorney for IDS PROPERTY & CASUALTY
INSURANCE COMPANY & AMERIPRISE
AUTO & HOME INSURANCE AGENCY,
INC., AMERIPRISE AUTO & HOME
COMPANY, AMERIPRISE FINANCIAL INC
& AMERIPRISE INSURANCE COMPANY

Attorney for CYNTHIA SUTHERLAND, AS
SPECIAL ADMINISTRATOR OF THE
ESTATES OF ROBERT MATHIS AND
LINDA MATHIS

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/S/ THOMAS FRIEDMAN, ESQ.
BROWN, BONN & FRIEDMAN, LLP
THOMAS FRIEDMAN
Nevada Bar No. 7708
5528 South Fort Apache Road
Las Vegas, NV 89148

/S/ CHARLES B. WOODMAN, ESQ.
LAW OFFICE OF CHARLES
WOODMAN
Nevada Bar No.
548 W. Plumb Lane Suite B
Reno, NV 89509

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Dated this 29th day of March, 2018.

Dated this 29th day of March, 2018.

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ORDER
IT IS SO ORDERED.
2nd
April
DATED this ____ day of ___________, 2018.
________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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B.