Cutts v. Richland Holdings, Inc. et al

Filing 58

ORDER re 56 Status Report. Stipulation for Dismissal or Joint Status Report due by 11/2/2018. Signed by Magistrate Judge Peggy A. Leen on 9/11/2018. (Copies have been distributed pursuant to the NEF - MR)

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STEPHEN J. ERIGERO (SBN 11562)
TIMOTHY J. LEPORE (SBN 13908)
ROPERS, MAJESKI, KOHN & BENTLEY
3753 Howard Hughes Pkwy., Suite 200
Las Vegas, NV 89169
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
Attorneys for Defendant
THE LANGSDALE LAW FIRM, P.C.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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A Professional Corporation
Las Vegas

Ropers Majeski Kohn & Bentley

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MICHAEL CUTTS,
Plaintiff,

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v.

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Case No. 2:17-cv-01525-JCM-PAL
DEFENDANT THE LANGSDALE LAW
FIRM, P.C.'S STATUS REPORT
REGARDING SETTLEMENT

RICHLAND HOLDINGS, INC. d/b/a
ACCTCORP OF SOUTHERN NEVADA, a
Nevada Corporation; CALEB J.
LANGSDALE, ESQ. dba The LANGSDALE
LAW FIRM, P.C.; and CLIFFORD MOLIN,
M.D. a/k/a Zeeba Sleep Center

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Defendants.

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Defendant The Langsdale Law Firm, P.C. ("Langsdale"), by and through its attorneys of

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record, hereby submit its Status Report Regarding Settlement.1
1.

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On February 27, 2018, the Court dismissed Cutts's claims against Langdale (and

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the other defendants) with prejudice. ECF No. 30. That same day, the Court entered judgment in

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Langsdale's favor. ECF No. 31. On March 6, 2018, Cutts appealed the Court's order and judgment

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to the United States Court of Appeals for the Ninth Circuit. ECF No. 33.
2.

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On June 6, 2018, Cutts filed his opening brief in Cutts v. Richland Holdings, Inc.,

Docket No. 18-15377. Subsequently, on June 22, 2018, Langsdale and Cutts (the "Settling

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Langsdale is submitting this status report individually because scheduling conflicts with counsel for Plaintiff
Michael Cutts and Langsdale's counsel have prevented a joint report.
4852-1579-7361.1

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Parties") reached agreement on principal terms to resolve this action. On June 29 2018, the

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Settling Parties notified the Court that they had reached an agreement to settle all claims, while

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anticipating sixty days were needed to draft and execute a settlement agreement, in addition to

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performance of the Settling Parties' respective obligations. ECF No. 54. On July 5, 2018, the

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Court ordered the Settling Parties to file a stipulation to dismiss by August 29, 2018, or to submit

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a joint status report advising when a stipulation to dismiss will be filed. ECF No. 35.

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3.

During the drafting of the settlement agreement, the Settling Parties encountered

unexpected issues in resolving certain terms and conditions. As a result, the Settling Parties

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experienced a delay in finalizing a written settlement agreement to reflect each person's

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A Professional Corporation
Las Vegas

Ropers Majeski Kohn & Bentley

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understanding. Finally, on August 29, 2018, after numerous telephonic discussions and written

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correspondences, the Settling Parties agreed to all terms and conditions and have finalized a

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written settlement agreement.

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4.

To effectuate settlement, Langsdale has requested the Ninth Circuit for a 59-day

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extension to file its answering brief in Cutts v. Richland Holdings, Inc., Docket No. 18-15377.

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This will allow performance of the Settling Parties' respective obligations. The 59-day extension

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will set the deadline for Langsdale to file its answering brief to November 2, 2018, should it

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become necessary for some unforeseen reason.

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4852-1579-7361.1

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As a result, Langsdale requests the Court to extend the deadline to file a Stipulation for

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Dismissal or further Joint Status Report until November 2, 2018.

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Dated:

August 30, 2018

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Timothy J. Lepore
STEPHEN J. ERIGERO
TIMOTHY J. LEPORE
Attorneys for Defendant
THE LANGSDALE LAW FIRM, P.C.

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A Professional Corporation
Las Vegas

Ropers Majeski Kohn & Bentley

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IT IS SO ORDERED this 11th day of
September, 2018.

______________________________
Peggy A. Leen
United States Magistrate Judge

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4852-1579-7361.1

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CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of August, 2018, I served a true and correct copy of

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the foregoing DEFENDANT THE LANGSDALE LAW FIRM, P.C.'S STATUS REPORT

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REGARDING SETTLEMENT via the Court’s CM/ECF electronic filing and service system to

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all parties on the current service list.

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/s/ Peggy Kurilla
Peggy Kurilla, an employee of
ROPERS, MAJESKI, KOHN & BENTLEY

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A Professional Corporation
Las Vegas

Ropers Majeski Kohn & Bentley

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4852-1579-7361.1

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