Hernandez-Gutierrez et al v. Brown et al

Filing 30

ORDER denying as moot 27 Stipulation; ORDER granting 29 Stipulation Re Total Value of Damages; Signed by Judge Richard F. Boulware, II on 2/14/2018. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 RAMZY P. LADAH, ESQ. Nevada Bar No. 11405 ANTHONY L. ASHBY, ESQ. Nevada Bar No. 4911 LADAH LAW FIRM 517 S. Third Street Las Vegas, NV 89101 litigation@ladahlaw.com T: 702.252.0055 F: 702.248.0055 Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 JOSE HERNANDEZ-GUTIERREZ, an individual, and SANDRA RAMIREZ, an individual, vs. 12 14 15 2:17-cv-00697-RFB-PAL Plaintiffs, 11 13 Case No.: ELI BROWN, an individual, and AMERICAN TECHNOLOGIES NETWORKS, INC., a foreign Corporation, and HERTZ VEHICLES, LLC., a foreign Corporation, and DOES I through XX, inclusive and ROE BUSINESS ENTITIES I through XX, inclusive, STIPULATION AND ORDER REGARDING THE TOTAL VALUE OF DAMAGES 16 Defendants. 17 IT IS HERBY STIPULATED AND AGREED, by Plaintiffs and Defendants, by and 18 19 through their undersigned counsel of record, that regardless of the total value of damages argued for or awarded to the Plaintiffs, the general damages in this action will not exceed the amount of 20 seventy-five thousand dollars and zero cents ($75,000) per Plaintiff, excluding attorney fees, 21 statutory costs, pre-judgment and post-judgment interest, if any. 22 IT IS FURTHER STIPULATED AND AGREED, that Plaintiffs, through their counsel 23 24 25 26 27 of record, retain the right to argue for an award of damages to the trier of fact, whether by jury, judge, arbitrator or mediator, in an amount that exceeds the amount of seventy-five thousand dollars and zero cents ($75,000) per Plaintiff, despite the above-referenced cap of seventy-five thousand dollars and zero cents ($75,000) per Plaintiff. /// 28 1 1 IT IS FURTHER STIPULATED AND AGREED, that the content and subject matter 2 of this Stipulation will not be disclosed to the trier of fact, whether by jury, arbitrator or 3 mediator. IT IS FURTHER STIPULATED AND AGREED, that discovery will not re-open, 4 5 including experts. IT IS FURTHER STIPULATED AND AGREED that trial will not be scheduled until 6 7 July 2018, or sometime thereafter. IT IS FURTHER STIPULATED AND AGREED, that the parties will schedule 8 9 Mediation with a mutable agreeable mediator in March or April 2018. IT IS FURTHER STIPULATED AND AGREED, that the Plaintiffs’ general damages 10 11 12 are capped at $75,000, per Plaintiff regardless of jury verdict, if applicable (this provision does not limit Plaintiffs’ argument for damages at trial). IT IS FURTHER STIPULATED AND AGREED that no additional medical opinions 13 14 15 regarding past or future medical damages than what is already in the records (meaning no increase in past or present specials at trial). IT IS FURTHER STIPULATED AND AGREED, that the parties will execute a 16 17 Stipulation containing the same provisions herein to be executed by the Eighth Judicial District Judge who is assigned to this action. 18 DATED this _____ day of February, 2018. DATED this _____ day of February, 2018. LEWIS BRISBOIS BISGAARD & SMITH LADAH LAW FIRM /s/: David B. Avakian __________________________________ JOSH COLE AICKLEN, ESQ. Nevada Bar 7254 DAVID B. AVAKIAN, ESQ. Nevada Bar 9502 AMBER WHITE-DAVIDSON, ESQ. Nevada Bar 11739 6385 S. Rainbow Blvd, Ste 600 Las Vegas, NV 89118 Attorneys for Defendants /s/: Ramzy P. Ladah __________________________________ RAMZY PAUL LADAH, ESQ. Nevada Bar NO. 11405 ANTHONY L. ASHBY, ESQ. Nevada Bar No. 4911 517 S. Third Street Las Vegas, NV 89101 Attorneys for Plaintiffs 19 20 21 22 23 24 25 26 27 28 /// /// 2 1 2 3 ORDER 14th 9th IT IS SO ORDERED this ____ day of February, 2018. 4 5 6 7 __________________________ RICHARD F. BOULWARE, II United States District Court JUDGE U.S. DISTRICT COURT IT IS FURTHER ORDERED that [27] Stipulation re: Damages is denied as moot. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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