Markel Insurance Company v. Robert C. Graham, Ltd. et al

Filing 25

ORDER Granting 24 Stipulation for Extension of Time (First Request). See Order for deadlines. Signed by Magistrate Judge George Foley, Jr on 6/27/17. (Copies have been distributed pursuant to the NEF - MR)

NICHOLAS M. WIECZOREK
Nevada Bar No. 6170
MORRIS POLICH & PURDY LLP
3800 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89169
Telephone: [phone]
[phone]
Facsimile:
Email:
[e-mail]
Attorneys for Plaintiff
MARKEL INSURANCE COMPANY

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MARKEL INSURANCE COMPANY,

Case No.: 2:17-cv-00975-RFB-GWF

Plaintiff,
v.
ROBERT C. GRAHAM, LTD. dba LAWYERS
WEST dba ROBERT GRAHAM &
ASSOCIATES; ROBERT C. GRAHAM, an
individual; DELWYN WEBBER, an individual;
MICHELE CHAMBERS, an individual;
WILLIAM ELLISON, an individual;
AUDREY GALLOWAY, an individual;
OLESYA SIDORKINA, an individual,

JOINT STIPULATION AND ORDER TO
CONTINUE RULE 26(f) REPORT DUE DATE
AND SCHEDULING CONFERENCE (F.R.C.P.
16(b)(2), L.R. 7-1)
(FIRST REQUEST)

Defendants.

IT IS HEREBY STIPULATED by and between plaintiff Markel Insurance Company ("Plaintiff')
and defendants Robert C. Graham, Ltd. dba Lawyers West dba Robert Graham & Associates, and Delwyn
Webber (collectively "Defendants"), by and through their counsel, that the Court is requested to enter an
order to continue the due date for the Parties' Rule 26(f) Report, currently set for June 23, 2017, to July
24, 2017.
1.

WHEREAS, Plaintiff filed its Complaint on April 5, 2017.

2.

WHEREAS, Defendant Audrey Galloway was dismissed without prejudice on May 5,

3.

WHEREAS, Defendant Delwyn Webber filed an Answer on May 9, 2017.

2017.

-1JOINT STIPULATION AND ORDER TO CONTINUE RULE 26(f) REPORT DUE DATE AND SCHEDULING CONFERENCE

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WHEREAS, Defendant William Ellison was dismissed without prejudice on May 22,

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WHEREAS, a Default was entered against defendant Robert C. Graham, an individual,

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on June 15, 2017.

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2017.

WHEREAS, Defendant Robert C. Graham, Ltd. dba Lawyers West dba Robert Graham

& Associates filed an Answer on June 16, 2017 pursuant to a stipulated extension of time.
7.

WHEREAS, Defendant Michele Chambers was served with the Complaint on April 14,

2017 but has not yet filed an appearance.
8.

WHEREAS, Plaintiff has been unsuccessful after several attempts in effecting service

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on Defendant Olesya Sidorkina. As a result, Plaintiff is preparing an Application for Service by

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Publication of Defendant Olesya Sidorkina.
9.

WHEREAS, Plaintiff intends to name Linda Graham, the spouse of Defendant Robert

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C. Graham, as a defendant in this case. Plaintiff filed a Motion for Relief From Stay in Linda Graham's

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Chapter 7 Bankruptcy proceeding in the United States Bankruptcy Court, District of Colorado (Case No.:

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16-22532-CDP). Plaintiff's motion is unopposed and will be heard on June 21, 2017. Should relief from

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the stay is granted, Plaintiff will amend the Complaint in this case to add Linda Graham as a Defendant.

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10.

WHEREAS, the Parties intend to stipulate to continuing the Rule 26(f) Report due date

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to July 24, 2017, thereby also effectively continuing any Scheduling Conference, so that all Defendants

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may be added and/or served prior to scheduling the Scheduling Conference.

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11.

WHEREAS, the parties can show the requisite "good cause" needed for this Court to

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grant the Parties' proposed continuance. See Fed. R. Civ. P. 16(b)(2) (noting that a trial court may

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continue a Scheduling Conference if "good cause" is found).

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(1) Defendant Olesya Sidorkina has not effectively been served.

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(2) Plaintiff intends to amend to the Complaint to add Linda Graham as a defendant.

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(3) Defendant Michele Chambers has not filed an appearance.

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(4) It would be premature to require the Parties to develop a Rule 26(f) Report and

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engage in pre-discovery correspondence when all Parties have not yet been served

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or had an opportunity to file a responsive pleading.
-2JOINT STIPULATION AND ORDER TO CONTINUE RULE 26(f) REPORT DUE DATE AND SCHEDULING CONFERENCE

(5) Defendant Michele Chambers has not filed an appearance.
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to Court approval.

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WHEREAS, Local Rule 7-1 allows the Parties to file stipulations with the Court, subject

WHEREAS, "the district court is given broad discretion in supervising the pretrial phase

of litigation." Zivkovic v. S. California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002).
14.

NOW, THEREFORE, the Parties stipulate that:
(1) the due date for the Parties' Rule 26(f) Report, currently set for June 23, 2017, be
continued to July 24, 2017; and
(2) the scheduling conference, not yet on the Court's calendar, be set for some time
after July 24, 2017.

IT IS SO STIPULATED.

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MORRIS POLICH & PURDY LLP
Date: June 23 , 2017

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ANDERSEN LAW FIRM, LTD.

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By: /s/ Nicholas M Wieczorek
NICHOLAS M. WIECZOREK
Nevada Bar No. 6170
500 South Rancho Drive, Suite 17
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiff
MARKEL INSURANCE COMPANY

Date: June 23 , 2017

By: /s/ Ryan A. Anderson
RYAN A. ANDERSEN (Bar No. 12321)
101 Convention Center Drive, Suite 600
Las Vegas, Nevada 89109
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Email:
Attorneys for Defendant
ROBERT C. GRAHAM, LTD. dba LAWYERS
WEST dba ROBERT GRAHAM &
ASSOCIATES

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-3JOINT STIPULATION AND ORDER TO CONTINUE RULE 26(f) REPORT DUE DATE AND SCHEDULING CONFERENCE

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BLACK & LOBELLO

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Date: June 23 , 2017

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By: /s/ Todd E. Kennedy
TODD E. KENNEDY (Bar No. 6014)
10777 West Twain Avenue, Third Floor
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendant
DELWYN WEBBER

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IT IS SO ORDERED.

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Dated this 27th day of June, 2017.

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UNITED STATES DISTRICT COURT JUDGE
STATES MAGISTRATE JUDGE

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-4JOINT STIPULATION AND ORDER TO CONTINUE RULE 26(f) REPORT DUE DATE AND SCHEDULING CONFERENCE