Cutts v. Richland Holdings, Inc. et al
Filing
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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:
(702) 954-8300
Facsimile:
(213) 312-2001
Email:
stephen.erigero@rmkb.com
timothy.lepore@rmkb.com
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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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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