Scottsdale Insurance Company v. 8Force Assets, LLC et al

Filing 58

ORDER granting 57 Stipulation to Extend Deadlines. Motions due by 4/23/2018. Proposed Joint Pretrial Order due by 5/23/2018. Signed by Magistrate Judge George Foley, Jr on 3/26/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 1 of 8

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ALAN B. YUTER (Admitted Pro Hac Vice)
ERIC S. POWERS
NEVADA BAR NO. 12850
SELMAN BREITMAN LLP
3993 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169-0961
Telephone: [phone]
702.228.8824
Facsimile:
Email:
[e-mail]
[e-mail]

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Attorneys for Plaintiff SCOTTSDALE
INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ATTORNEYS AT LAW

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SCOTTSDALE INSURANCE COMPANY,
Plaintiff,

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v.

Case No. 2:17-cv-02036-APG-GWF
STIPULATION AND ORDER TO EXTEND
DISPOSITIVE MOTION DEADLINE AND
PRETRIAL ORDER DEADLINE

8FORCE ASSETS, LLC; ARPAD BARON,
(FIRST REQUEST)
individually; ALBA BARON,individually;
LUCY BARON-DONNELLY,individually;
BRENDA BARON-MOLLMANN,
individually; LASANDRA WEATHERS,
individually and as the Natural Mother of
JADA RAY,a Minor; CHARLES SMITH and
DORIS SMITH, individually and as Guardians
Ad Litem for IYANA BANKSTON-WRIGHT,
a Minor; CHARLES SMITH,individually and
as Special Administrator of the Estate of
DIANA ROSE BANKSTON;DEBORAH
BARBEE-MARTIN,individually and as
Special Administrator for the Estates of
KAYSHA L. RAY and ANDREW RAY;
DONALD R. LAINER,individually;
PLATINUM ELITE, LLC; and DOES 1
through 10,

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Defendants.
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COMES NOW, Alan B. Yuter and Eric S. Powers of Selman Breitman LLP, attorneys for

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plaintiff Scottsdale Insurance Company ("Scottsdale"); Ian Corzine of West Corzine LLP and

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Anthony B. Golden of Garg Golden Law Firm, attorneys for defendants 8Force Assets, LLC,
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101007.1 380.42028

Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 2 of 8

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Arpad Baron, Alba Baron, Lucy Baron-Donnelly and Brenda Baron-Mollmann; Christopher J.

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Richardson of Olson, Cannon, Gormley, Angulo & Stoberski, and Darren J. Welsh of Welsh Law

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attorneys for Donald R. Lainer and Platinum Elite, LLC (collectively, "Defendants"); and hereby

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stipulate and agree to extend the dispositive motion deadline to April 23, 2018 and pretrial order

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deadline to May 23, 2018.

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Scottsdale's insured, Defendant 8Force Assets, LLC and 8Force Holdings LLC (collectively

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"8Force"), deliberately concealed from Scottsdale their knowledge about a fire that had occurred

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in order to obtain insurance coverage for all damages caused by that fire. Scottsdale seeks a

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declaration from the Court that the 8Force Defendants committed fraud, and Scottsdale owes no

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ATTORNEYS AT LAW

Scottsdale alleges that during the insurance application process, the owner and members of

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a,

A. INTRODUCTION

duty to defend or indemnify the 8Force Defendants, their owners, members, and property manager

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from any liability arising from the fire.

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B. STATEMENT SPECIFYING THE DISCOVERY COMPLETED

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On October 17, 2017, this Court issued a Scheduling Order which set a dispositive motion

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deadline of April 2, 2018.

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The following discovery has been completed:

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1. Defendants 8Force served its Initial Disclosures of Witnesses and Documents on

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October 27, 2017.
2. Defendants Charles Smith and Doris Smith served their Initial Disclosures of
Witnesses and Documents on November 3, 2017.
3. Plaintiff Scottsdale served its Initial Disclosures of Witnesses and Documents on
November 6, 2017.
4. Defendants Donald Lainer and Platinum Elite, LLC served their Initial Disclosure of
Witnesses and Documents on November 17, 2017.
5. Scottsdale served its First Set of Requests for Admission to 8Force on November 21,
2017.
6. Scottsdale served its First Set of Requests for Production of Documents to 8Force on
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November 21, 2017.
7. Scottsdale served its First Set of Requests for Interrogatories to 8Force on November
21, 2017.
8. Scottsdale served its First Set of Requests for Admissions to Defendants Donald Lainer
and Platinum Elite, LLC on December 14, 2017.
9. Scottsdale served its First Set of Requests for Production of Documents to Defendants
Donald Lainer and Platinum Elite, LLC on December 14, 2017.
10. Scottsdale served its First Set of Requests for Interrogatories to Defendants Donald
Lainer and Platinum Elite, LLC on December 14, 2017.

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a.,

11. The Deposition of Larry Moraga was conducted on December 20, 2017.
12. 8Force served their First Set of Requests for Admissions to Scottsdale on January 16,

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2018.
13. 8Force served their First Set of Requests for Production of Documents to Scottsdale on
January 16, 2018.
14. Scottsdale served its First Set of Requests for Interrogatories to Arpad Baron on
January 19, 2018.
15. Scottsdale served its First Set of Requests for Admissions to Arpad Baron on January
19, 2018.
16. Scottsdale served its First Set of Requests for Production of Documents to Arpad
Baron on January 19, 2018.
17. Scottsdale served its First Set of Requests for Interrogatories to Alba Baron on January
19, 2018.
18. Scottsdale served its First Set of Requests for Admissions to Alba Baron on January
19, 2018.
19. Scottsdale served its First Set of Requests for Production of Documents to Alba Baron
on January 19, 2018.
20. Scottsdale served its First Set of Requests for Interrogatories to Lucy Baron - Donnelly
on January 19, 2018.
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Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 4 of 8

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21. Scottsdale served its First Set of Requests for Production of Documents to Lucy Baron
- Donnelly on January 19, 2018.

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22. Scottsdale served its First Set of Requests for Admissions to Lucy Baron - Donnelly on
January 19, 2018.

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23. Scottsdale served Second Supplemental Disclosure of Witnesses and Documents on
January 29, 2018.

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24. Defendants Donald Lainer and Platinum Elite, LLC served their Second Supplemental
Disclosure of Witnesses and Documents on February 8, 2018.

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25. The deposition of Vicki Kilgore was conducted on February 9, 2018.

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26. The deposition of Donald Lainer was conducted on February 9, 2018.

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27. The deposition of the FRCP 30(b)(6) witness for Platinum Elite, LLC was conducted
on February 9, 2018.

ATTORNEYS AT LAW

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28. The deposition of the FRCP 30(b)(6) witness for 8Force was conducted on February
26, 2018.

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29. The deposition of Defendant Arpad Baron was conducted on February 26, 2018.

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30. The deposition of Defendant Lucy Baron - Donnelly was conducted on February 27,
2018.

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31. The deposition of Defendant Brenda Baron - Mollmann was conducted on February 27,
2018.

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32. The deposition of Elizabeth Mejia was conducted on February 28, 2018.

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33. Scottsdale served its Third Supplemental Disclosure of Witnesses and Documents on
March 1, 2018.

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C. SPECIFIC DESCRIPTION OF DISCOVERY THAT REMAINS TO BE
COMPLETED.

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The parties seek to conduct the deposition of the FRCP 30(b)(6) witness for Scottsdale
Insurance.

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Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 5 of 8

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D. REASONS WHY DISCOVERY REMAINING WILL NOT BE COMPLETED
WITHIN THE TIME FRAMES SET BY THE DISCOVERY ORDER

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8Force timely noticed the deposition of Scottsdale's FRCP 30(b)(6) witness. Based upon

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the topics and areas of inquiry identified in 8Force's Deposition Notice, Scottsdale's witness will

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be required to review various information releVant to this case including, but not limited to, the

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deposition transcripts of the depositions conducted to date. The deposition transcripts of Arpad

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Baron, Lucy Baron — Donnelly, Brenda Baron — Mollmann, and Elizabeth Mejia were recently

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transcribed and have been disseminated to Scottsdale. Accordingly, additional time is required to

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allow Scottsdale's witness to read and assess the deposition transcripts and be prepared to testify as

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to their contents. Moreover, the parties have worked with each other to conduct depositions in

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both Las Vegas, NV and Los Angeles, CA. Due to scheduling conflicts and the need to make

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ATTORNEYS AT LAW

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travel arrangements, the parties require additional time to conduct the deposition of Scottsdale's

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witness.

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Excusable Neglect

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Good cause and excusable neglect exist to allow the parties to extend the dispositive

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motion deadline because the parties could not have anticipated the scheduling conflicts involved

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with conducting the deposition. Moreover, the parties could not avoid the necessity of Scottsdale's

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witness reviewing and becoming competent to testify on the prior depositions that were timely

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noticed and have taken place within the discovery timeframes.

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respectfully request extend the deadline to file dispositive motions and the pre-trial order pursuant

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to the same.

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E. PROPOSED SCHEDULE FOR DISPOSITVE MOTION DEADLINES

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a. Dispositive Motions: Monday April 23, 2018

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b. Pretrial Order: Wednesday May 23, 2018

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Accordingly, the parties

Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 6 of 8

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F. CURRENT TRIAL DATE
A trial date has not currently been scheduled in this case.
DATED: March 23, 2018

SELMAN BREITMAN LLP

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By:

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/s/ Eric S. Powers
ALAN B. YUTER (Pro Hac Vice)
ERIC S. POWERS
NEVADA BAR NO. 12850
3993 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169-0961
Phone: [phone]
Facsimile: 702.228.8824
Attorneys for Plaintiff SCOTTSDALE
INSURANCE COMPANY

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DATED: March 23, 2018

WEST CORZINE LLP

ATTORNEYS AT LAW

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By:

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/s/Ian Corzine
IAN CORZINE (Pro Hac Vice)
250 N. Westlake Blvd., Suite 100
Westlake Village, CA 91362
Telephone: [phone]
Facsimile: 805.370.1613
Attorneys for Defendants 8FORCE ASSETS,
LLC; ARPAD BARON; ALBA BARON;LUCY
BARON-DONNELLY; and BRENDA BARONMOLLMANN

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DATED: March 23, 2018

GARG GOLDEN LAW FIRM

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By:

/s/Anthony B. Golden
ANTHONY B. GOLDEN
NEVADA BAR NO.
3185St. Rose Parkway, Suite 325
Henderson, NV 89052
Telephone: [phone]
Facsimile: 702.850.0204
Attorneys for Defendants 8FORCE ASSETS,
LLC; ARPAD BARON; ALBA BARON;LUCY
BARON-DONNELLY; and BRENDA BARONMOLLMANN

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Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 7 of 8

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DATED: March 23, 2018

OLSON, CANNON,GORMLEY,ANGULO &
STOBERSKI

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By:
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DATED: March 23, 2018

/s/ Christopher J Richardson
CHRISTOPHER J. RICHARDSON
NEVADA BAR NO.9166
9950 W. Cheyenne Avenue
Las Vegas, NV 89129
Telephone: [phone]
Facsimile: 702. 383.0701
Attorneys for defendants DONALD R. LAINER
and PLATINUM ELITE, LLC

WELSH LAW

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By:

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<

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/s/ Daren J. Welsh
DARREN J. WELSH
NEVADA BAR NO.4791
6765 S. Eastern Avenue, Suite 2
Las Vegas, NV 89119
Telephone: [phone]
Facsimile: 702. 862.4576
Attorneys for Defendants DONALD R. LAINER
and PLATINUM ELITE, LLC

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DATED: March 23, 2018

COTTLE LAW FIRM

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By:
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/s/ Matthew G. Holland
MATTHEW G. HOLLAND
NEVADA BAR NO. 10370
8635 S. Eastern Avenue
Las Vegas, NV 89123
Telephone: [phone]
Facsimile: 702. 834.8555
Attorneys for Defendants CHARLES SMITH and
DORIS SMITH

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Case 2:17-cv-02036-APG-GWF Document 57 Filed 03/23/18 Page 8 of 8

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ORDER

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IT IS HEREBY ORDERED that the parties' Stipulation and Order to Extend the

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Dispositive Motion Deadline and Pretrial Order Deadline is hereby GRANTED.
The Dispositive Motion Deadline is hereby extended to April 23, 2018. The Pretrial Order

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Deadline is hereby extended to May 23, 2018.

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DATED: March 26 , 2018

UNITED STATES MAGISTRATE JUDGE
ANDREW P. GORDON,JUDGE OF THE

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UNITED STATES DISTRICT COURT

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