Singer et al v. Stuerke

Filing 42

ORDER granting 41 Stipulation re Settlement Mediation and Extending Deadline to Respond. Joint Status Report due by 12/29/2017. Brandon Stuerke answer due 1/12/2018. Signed by Magistrate Judge George Foley, Jr on 12/1/2017. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-02526-KJD-GWF Document 41 Filed 11/30/17 Page 1 of 3 1 2 3 4 5 6 Louis M. Bubala III, Esq. (NV #8974) KAEMPFER CROWELL 50 W. Liberty Street, Suite 700 Reno, Nevada 89501 Telephone: 775.852.3900 Facsimile: 775.327.2011 Email: Attorneys for Defendant BRANDON STUERKE 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 SIMON SINGER, individually, and RAO GARUDA, individually and as trustee of the GARUDA FAMILY ASSET PROTECTION TRUST, 12 Case No.: 2:16-cv-02526-KJD-GWF STIPULATION AND PROPOSED ORDER SETTING SETTLEMENT, MEDIATION AND EXTENDED DEADLINE TO RESPOND TO SECOND AMENDED PETITION Plaintiffs, 13 v. 14 BRANDON STUERKE (also known as “Leroy Brandon Stuerke”), an individual 15 (FIFTH REQUEST) Defendant. 16 17 Plaintiffs and Defendant stipulate and agree, subject to Court approval, as follows: 18 1. 19 20 The parties are interested in the possibility of participating in the Court’s early neutral evaluation with mediation before a U.S. magistrate judge. 2. However, due to the fact that the parties do not reside in Nevada and there may be 21 jurisdictional objections if the matter is not resolved, they request that they be permitted to exchange 22 proposals for potential settlement prior to making a final decision to formally enter the Court’s 23 mediation program, allowing them to better determine whether they may be able to reach a 24 settlement through mediation before committing the additional resources to travel to participate in 25 mediation, and that the Court clearly articulate that participating in the program will NOT waive any 26 jurisdictional or other defenses or submit any party to the jurisdiction of the Court which is not 27 already subject thereto. 28 3. The parties thus request that they be allowed to proceed as follows: 1 Case 2:16-cv-02526-KJD-GWF Document 41 Filed 11/30/17 Page 2 of 3 1 a. The parties will exchange settlement proposals no later than Friday, December 15, 2 2017, and any counter-proposals no later than Friday, December 22, 2017. 3 b. The parties shall notify the Court on or before December 29, 2017, of one of two 4 options: 5 i. They seek to formally participate in the Court’s mediation program; or 6 ii. They do not seek to participate in the mediation program, and, accordingly, a 7 response to the current petition to compel arbitration shall be filed by 8 Defendant on or before January 12, 2018. 9 4. The parties agree, subject to the entry of an order approving this stipulation, that 10 participation by the parties in mediation to be held in Las Vegas, Nevada, shall not be considered a 11 basis for personal jurisdiction or service of process in Nevada upon any party. 12 DATED on this 30th day of November, 2017. 13 KAEMPFER CROWELL 14 By: /s/ Louis M. Bubala III LOUIS M. BUBALA III, ESQ. Counsel to Defendant 15 16 DATED on this 30th day of November, 2017. 17 PAUL PADDA LAW, PLLC 18 By: /s/ Paul S. Padda PAUL S. PADDA, ESQ. JOSHUA Y. ANG, ESQ. Counsel to Plaintiffs 19 20 21 22 ORDER IT IS SO ORDERED. 23 24 ___________________________________ UNITED STATES MAGISTRATE JUDGE 25 Dated: 12/01/2017 26 27 28 2

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