Singer et al v. Stuerke

Filing 44

ORDER granting 43 Stipulation re re Settlement, Mediation and Extending Deadline to Respond. Joint Status Report due by 1/12/2018. Brandon Stuerke answer due 1/26/2018. Signed by Magistrate Judge George Foley, Jr on 1/2/2018. (Copies have been distributed pursuant to the NEF - MMM) (Main Document 44 replaced on 1/2/2018 - nef regenerated) (MMM).

Download PDF
Case 2:16-cv-02526-KJD-GWF Document 43 Filed 12/29/17 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 FIRST AMENDMENT TO 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 16 17 18 19 20 21 (SIXTH REQUEST) Defendant. Plaintiffs and Defendant desire to extend for two weeks their prior stipulation and agree, subject to Court approval, as follows: 1. 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 22 jurisdictional objections if the matter is not resolved, they request that they be permitted to exchange 23 proposals for potential settlement prior to making a final decision to formally enter the Court’s 24 mediation program, allowing them to better determine whether they may be able to reach a 25 settlement through mediation before committing the additional resources to travel to participate in 26 mediation, and that the Court clearly articulate that participating in the program will NOT waive any 27 jurisdictional or other defenses or submit any party to the jurisdiction of the Court which is not 28 already subject thereto. 1 Case 2:16-cv-02526-KJD-GWF Document 43 Filed 12/29/17 Page 2 of 3 1 3. 2 The parties thus request a two-week extension allowing them to proceed as follows: a. The parties shall notify the Court on or before January 12, 2018, of one of two 3 options: 4 i. They seek to formally participate in the Court’s mediation program; or 5 ii. They do not seek to participate in the mediation program, and, accordingly, a 6 response to the current petition to compel arbitration shall be filed by 7 Defendant on or before January 26, 2018. 8 9 10 11 4. The parties agree, subject to the entry of an order approving this stipulation, that participation by the parties in mediation to be held in Las Vegas, Nevada, shall not be considered a basis for personal jurisdiction or service of process in Nevada upon any party. DATED on this 28th day of December, 2017. 12 KAEMPFER CROWELL 13 By: /s/ Louis M. Bubala III LOUIS M. BUBALA III, ESQ. Counsel to Defendant 14 15 DATED on this 28th day of December, 2017. 16 PAUL PADDA LAW, PLLC 17 By: /s/ Paul S. Padda PAUL S. PADDA, ESQ. JOSHUA Y. ANG, ESQ. Counsel to Plaintiffs 18 19 20 21 ORDER IT IS SO ORDERED. 22 23 ___________________________________ UNITED STATES MAGISTRATE JUDGE Dated: January 2, 2018 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?