Universal North America Insurance Company v. Colosi et al

Filing 45

ORDER Granting 43 Stipulation to Extend Time re 30 MOTION for Summary Judgment , 39 MOTION for Partial Summary Judgment and 40 MOTION to Strike. See Order for deadlines. Signed by Judge Jennifer A. Dorsey on 9/26/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00113-JAD-GWF Document 43 Filed 09/26/17 Page 1 of 2

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 03062
2 E-Mail: [e-mail]
PRISCILLA L. O’BRIANT, ESQ.
3 Nevada Bar No. 10171
E-Mail: [e-mail]
4 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Blvd., Suite 600
5 Las Vegas, NV 89118
TEL.: [phone]
6 FAX: [phone]
Attorneys for Plaintiff
7 Universal North America Insurance Company
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
UNIVERSAL NORTH AMERICA
11 INSURANCE COMPANY, a Texas
corporation,
12
Plaintiff,
13
vs.
14
Wendy Colosi, an individual; Victor Colosi, an
15 individual; Nicholas Colosi, an individual;
Marilyn Kennedy, an individual; DOES 1-20
16 and ROE CORPORATIONS 1 - 20, inclusive,
17

Defendants.

2:17-cv-00113

STIPULATION AND ORDER TO EXTEND
DEADLINE FOR PLAINTIFF TO RESPOND TO THE
COLOSI DEFENDANTS’ RESPONSE TO MOTION
FOR SUMMARY JUDGMENT AND
COUNTERMOTION FOR (1) PARTIAL SUMMARY
JUDGMENT CONCERNING DUTY TO DEFEND
AND (2) TO STAY MATTER PENDING
CONCLUSION OF UNDERLYING CASE {DKT 38
AND 39] AND THE COLOSI DEFENDANTS’
MOTION TO STRIKE/OBJECTION TO ANY
REFERENCE TO JUVENILE COURT
PROCEEDINGS [DKT 40]
(FIRST REQUEST)

18
19

CASE NO.:

Pursuant to LR 6-1, Plaintiff Universal North America Insurance Company (“Universal”)

20 and Defendant Marilyn Kennedy (“Kennedy”), by and through their respective counsel of record,
21 respectfully submit the following stipulation requesting a ten (10) day extension for Universal to
22 file a Reply to The Colosi Defendants’ Response to Motion for Summary Judgment [Dkt 38)
23 (“Response”); The Colosi Defendants’ Countermotion for (1) Partial Summary Judgment
24 Concerning Duty to Defend and (2) to Stay Matter Pending Conclusion of Underlying Case [Dkt
25 39] (“Countermotion”}] and The Colosi Defendants’ Motion to Strike/Objection to Any Reference
26 to Juvenile Court Proceedings [Dkt 40] (“Motion”). Universal’s Motion for Summary Judgment
27 on All Claims [dkt. 30] was filed on August 15, 2017 and the Response, Countermotion and

LEWIS

28 Motion were filed on September 15, 2017. Universal’s Reply to the Response [dkt 38] and Motion

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4834-4624-6992.1

Case 2:17-cv-00113-JAD-GWF Document 43 Filed 09/26/17 Page 2 of 2

1 [dkt 40] currently due on September 29 will now be due October 9, 2017. Universal’s Response
2 to the Countermotion [dkt 39] currently due October 6, 2017 will now be due October 16, 2017.
3 In support of this Stipulation, the parties state as follows:
4

A. Introduction

5

Universal insured Defendants Wendy, Victor and Nicholas Colosi (the “Colosi

6 Defendants”), who are also defendants in a personal injury action filed by Kennedy. Universal
7 filed this declaratory relief action seeking a declaration regarding its duties and obligations to the
8 Colosi Defendants with respect to the lawsuit against them filed by Kennedy.
9
10

B. Reason for Extension
The parties believe that a ten (10) day extension of the deadline to respond to the above is

11 necessary and appropriate to provide sufficient time for Universal to adequately respond.
12 Universal’s counsel requested the extension since she was on vacation when the Response, Motion
13 and Countermotion were filed, which adversely interfered with Universal’s opportunity to
14 complete its Reply and Responses in a timely matter. Universal and the Colosi Defendants
15 believe that good cause is demonstrated and both agreed to a ten (10) day extension of the
16 deadline(s) to respond.
17 Dated this 26th day of September, 2017

Dated this 26th day of September, 2017

18 Attorneys for Defendants Wendy Colosi,
Victor Colosi and Nicholas Colosi
19

Attorneys for Universal

20 /s/ James W. Whitmire
James W. Whitmire, Esq.
21 Nevada Bar No. 6533
Santoro Whitmire
22 10100 W. Charleston Blvd., Ste. 250
Las Vegas, Nevada 89135
23

/s/ Priscilla L. O’Briant
Priscilla O’Briant, Esq.
Nevada Bar No. 10171
Lewis Brisbois Bisgaard & Smith
6385 S. Rainbow Blvd., Ste. 600
Las Vegas, Nevada 89118

24
IT IS SO ORDERED this ___ day of ___________, 2017.
26th day of September, 2017.
25
26
______________________________________
UNITED STATES DISTRICT COURT /
UNITED STATES DISTRICT JUDGE
MAGISTRATE JUDGE

27

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4834-4624-6992.1

2