Martino v. BMO Harris Bank, National Association et al

Filing 38

ORDER Granting 37 Stipulation for Attorneys Fees. Signed by Chief Judge Gloria M. Navarro on 10/17/17. (Copies have been distributed pursuant to the NEF - MR)

David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, Nevada 89123
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
Phone: [phone]
FAX: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff,
JOHN P. MARTINO
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

JOHN P. MARTINO,
Case No.: 2:17-cv-01110-GMN-NJK
Plaintiff,
STIPULATION AND ORDER FOR
ATTORNEYS’ FEES

vs.
BMO HARRIS BANK, NATIONAL
ASSOCIATION; CHASE BANK USA,
NATIONAL ASSOCIATION; ONE
NEVADA CREDIT UNION; WELLS
FARGO BANK, NATIONAL
ASSOCIATION; EQUIFAX
INFORMATION SERVICES, LLC,
Defendants.

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STIPULATION
Plaintiff JOHN P. MARTINO (“Plaintiff”) and Defendant BMO HARRIS BANK,
NATIONAL ASSOCIATION (“Defendant” or “BMO”) hereby stipulate and agree as
follows:
1.

Plaintiff commenced this action on 4/21/2017. ECF No. 1.

2.

BMO filed its answer on 6/02/2017. ECF No. 2.

3.

On July 21, 2017, BMO made an Offer of Judgment to Plaintiff for the total sum
of $1,000 plus reasonable attorneys’ fees as determined by the court.

4.

On July 31, 2017, Plaintiff accepted BMO’s Offer of Judgment of $1,000 plus
reasonable attorneys’ fees to be determined by the court.

5.

On September 27, 2017, Plaintiff filed a Notice of Acceptance with Offer of
Judgment. ECF No. 35.

6.

On September 28, 2017, the Court filed a Clerk’s Judgment in favor of Plaintiff
John P. Martino and against BMO in the amount of $1,000. ECF No. 36.

7.

The Clerk’s Judgment incorrectly stated that the $1,000 was inclusive of all costs
and attorneys’ fees. ECF No. 36.

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THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between
Plaintiff and Defendant BMO hereto, through their respective counsel, that Defendant BMO
will pay $1,000 plus $1,750 for attorneys’ fees as agreed upon between the parties.

Dated: October 9, 2017
/s/ David H. Krieger, Esq.
David H. Krieger, Esq.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
Matthew I. Knepper, Esq.
Nevada Bar No. 12796
Miles N. Clark, Esq.
Nevada Bar No. 13848
KNEPPER & CLARK LLC

/s/ Stefan M. Palys, Esq.
Stefan M. Palys, Esq.
Stinson Leonard Street LLP
1850 North Central Avenue
Suite 2100
Phoenix, AZ 85004-4584
Attorneys for Defendant
BMO HARRIS BANK, NATIONAL
ASSOCIATION

Attorneys for Plaintiff
JOHN P. MARTINO

ORDER
IT IS SO ORDERED.
U.S. DISTRICT COURT JUDGE
DATED:

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October 17, 2017