Weinstein v. American Family Mutual Insurance Company

Filing 11

ORDER that granting 1 Motion to Certify is GRANTED. FURTHER ORDERED that 8 Motion to Compel Discovery and 9 Motion to Shorten Time are STRICKEN. FURTHER ORDERED that the parties shall file a joint status report every two months starting on December 1, 2016, informing this Court of any pertinent updates in the Bankruptcy Court case. FURTHER ORDERED that the parties shall file a notice on this docket with any orders previously issued by the Bankruptcy Court by December 1, 2016. FURTHE R ORDERED that the parties shall file a notice on this Court's docket of any subsequent Bankruptcy Court orders within 3 business days after the order is filed on the Bankruptcy Court docket. Signed by Chief Judge Gloria M. Navarro on 11/14/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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YVETTE WEINSTEIN, Chapter 7 Trustee for )
the Bankruptcy Estate of MARIFE BATO fka )
MARIFE AVIS,
)
)
Plaintiff,
)
vs.
)
)
AMERICAN FAMILY MUTUAL
)
INSURANCE COMPANY, a Wisconsin
)
Corporation,
)
)
Defendant.
)
)

Case No.: 2:16-cv-2151-GMN
ORDER

Having been certified to the United States District Court by the United States

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Bankruptcy Court for the District of Nevada for the purpose of conducting the jury trial under

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Local Rule 9015, the Jury Trial in this matter shall be scheduled before this Court in the

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ordinary course of a civil case. All dispositive issues, including the setting of the trial date, will

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be heard and determined by this Court. All non-dispositive issues will be referred to, and heard

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and determined by, the Bankruptcy Court. Counsel are directed to continue filing all non-

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dispositive pleadings and related documents with the Bankruptcy Court in adversary

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proceeding (Adversary Proceeding No. 16-01012-mkn). All dispositive motions and trial-

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related documents shall be filed with this Court (Case No. 2:16-cv-2151-GMN).

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Within 30 days following the determination of all dispositive pretrial motions, or if no

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dispositive pretrial motions are filed, then within 30 days following the expiration of the

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dispositive pretrial motions deadline, the parties shall file a Joint Pretrial Order with this Court

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pursuant to Local Rules 16-3 and 16-4. According to the Bankruptcy Court docket, the

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dispositive pretrial motions deadline is January 6, 2017. Discovery Plan at 5, Weinsten v. Am.

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Family Mut. Ins. Co., Adversary Proceeding No. 16-01012-mkn (Bankr. D. Nev. June 20,

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2016), ECF No. 13. Should the parties need to extend the dispositive pretrial motions deadline,

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the parties shall request the extension from the Bankruptcy Court, and inform this Court of any

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changes as determined by the Bankruptcy Court.

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Also pending before the Court are Plaintiff Yvette Weinsten’s Emergency Motion to

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Compel Discovery (ECF No. 8) and Unopposed Motion to Shorten Time regarding discovery

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(ECF No. 9). These discovery issues are non-dispositive, and as such, these motions are

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referred to the Bankruptcy Court and stricken from this Court’s docket.

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Accordingly,
IT IS HEREBY ORDERED Defendant’s Motion to Certify (ECF No. 1) is
GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Emergency Motion to Compel Discovery

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(ECF No. 8) and Unopposed Motion to Shorten Time regarding discovery (ECF No. 9) are

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STRICKEN. The Clerk of Court shall strike these motions from this Court’s docket.

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IT IS FURTHER ORDERED that the parties shall file a joint status report every two

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months starting on December 1, 2016, informing this Court of any pertinent updates in the

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Bankruptcy Court case.

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IT IS FURTHER ORDERED that the parties shall file a notice on this docket with any
orders previously issued by the Bankruptcy Court by December 1, 2016.
IT IS FURTHER ORDERED that the parties shall file a notice on this Court’s docket

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of any subsequent Bankruptcy Court orders within 3 business days after the order is filed on the

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Bankruptcy Court docket.

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DATED this ___ day of November, 2016.

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__________________________
Gloria M. Navarro, Chief Judge
United States District Court

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