Erdmann v. Lincoln National Life Insurance Company

Filing 24

ORDER granting 23 Motion to Continue; Scheduling Conference reset for 3/27/2018 at 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 1/12/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02383-JAD-PAL Document 23 Filed 01/11/18 Page 1 of 3

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Rick Erdmann (in pro persona)
E-mail: [e-mail]
9305 Buckhaven Drive
Las Vegas, Nevada 98117
Telephone: [phone]
Plaintiff (in pro persona)
RICK ERDMANN

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UNITED STATES DISTRICT COURT

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DISTRICT COURT OF NEVADA

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RICK ERDMANN,

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Plaintiff,

KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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v.
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,

EMERGENCY STIPULATION AND
JOINT MOTION TO CONTINUE
SCHEDULING CONFERENCE
CURRENTLY SET FOR JANUARY 16,
2018 BY 60 DAYS

Defendant.

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Civil Action No.: 2:17-cv-02383-JAD-PAL

Come now the parties and, after conference of counsel, jointly request that the

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Court continue the Scheduling Conference in this matter for a period of 60 days

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pending substitution of counsel. In support hereof, the parties show the Court as

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follows:

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1.

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This is a suit for declaratory relief under an ERISA-governed employee

benefit plan pursuant to 29 U.S.C. §1132(a)(1) and (3).
2.

On December 29, 2017, Plaintiff, Rick Erdman substituted himself in

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pro persona, in place and stead of attorneys Robert J. Rosati and Trevor Hatfield

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[Dkt. 21].

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3.

On January 5, 2018 the Court granted the request of Plaintiff Rick

Erdman to represent himself (Dkt. 22].

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EMERGENCY STIPULATION AND JOINT MOTION TO CONTINUE
SCHEDULING CONFERENCE

Case 2:17-cv-02383-JAD-PAL Document 23 Filed 01/11/18 Page 2 of 3

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4.

Plaintiff’s prior counsel, Robert J. Rosati, has referred this litigation

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matter to the California law firm of Kantor & Kantor, LLP, with Plaintiff Rick

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Erdmann’s approval.

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5.

Kantor & Kantor has contacted Las Vegas, Nevada lawyer Julie

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Mersch, and she has agreed to substitute into the case as local counsel, and Glenn R.

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Kantor of Kantor & Kantor will be substituted into the case as lead counsel as soon

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as his pro hac vice application is submitted and approved by the Court.

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6.

Kantor & Kantor has conferred with counsel for The Lincoln National

Life Insurance Company, regarding the need to continue the currently scheduled
January 16, 2018 Scheduling Conference.
WHEREFORE, the parties jointly request that the Court continue the January

KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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16, 2018 Scheduling Conference for 60 days to a date convenient for the Court’s

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calendar.

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IT IS SO STIPULATED.

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DATED: January 11, 2018

RICK ERDMANN (in pro persona)

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By:

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DATED: January 11, 2018

/s/ Rick Erdmann
Rick Erdmann
Plaintiff (in pro persona)

MESERVE, MUMPER & HUGHES LLP

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By:

/s/AnnaMaria Martin
Anna Maria Martin
Attorneys for Defendant
THE LINCOLN NATIONAL
INSURANCE COMPANY

Pursuant to Local Rule IC 5-1(d) regarding signatures, Rick Erdmann hereby
attests that concurrence in the filing of this document and its content has been
obtained by all signatories listed.

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EMERGENCY STIPULATION AND JOINT MOTION TO CONTINUE
SCHEDULING CONFERENCE

Case 2:17-cv-02383-JAD-PAL Document 23 Filed 01/11/18 Page 3 of 3

ORDER

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IT IS SO ORDERED.

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The Court hereby continues the January 16, 2018 Scheduling Conference to

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the date of March 27, 2018, at 9:00 a.m., in Courtroom 3B.

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DATED: January 12, 2018

PEGGY A. LEEN
U.S. MAGISTRATE JUDGE

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KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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EMERGENCY STIPULATION AND JOINT MOTION TO CONTINUE
SCHEDULING CONFERENCE

Case 2:17-cv-02383-JAD-PAL Document 23-1 Filed 01/11/18 Page 1 of 1

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Rick Erdmann (in pro persona)
E-mail: [e-mail]
9305 Buckhaven Drive
Las Vegas, Nevada 98117
Telephone: [phone]
Plaintiff (in pro persona)
RICK ERDMANN

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UNITED STATES DISTRICT COURT

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DISTRICT COURT OF NEVADA

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RICK ERDMANN,

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Plaintiff,

KANTOR & KANTOR LLP
19839 Nordhoff Street
Northridge, California 91324
[phone]

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v.
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY,
Defendant.

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Civil Action No.: 2:17-cv-02383-JAD-PAL
DECLARATION OF GLENN R.
KANTOR IN SUPPORT OF
EMERGENCY STIPULATION AND
JOINT MOTION TO CONTINUE
SCHEDULING CONFERENCE
CURRENTLY SET FOR JANUARY 16,
2018 BY 60 DAYS

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I, Glenn R. Kantor, hereby declare as follows:

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1.

I am an attorney at law duly licensed to practice before all courts in the

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State of California. I am one of the founding partners of the law firm of Kantor &

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Kantor, LLP. I have personal knowledge of the facts set forth herein and if called as

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a witness, I could and would competently testify thereto.

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1.

The facts stated in the concurrently filed Emergency Stipulation and

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Joint Motion to Continue Scheduling Conference Currently Set for January 16, 2018

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by 60 Days are correct, true and accurate.

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I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.
Executed this 10th day of January, 2018 at Northridge, California.

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/s/ Glenn R. Kantor
Glenn R. Kantor

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EMERGENCY STIPULATION AND JOINT MOTION TO CONTINUE
SCHEDULING CONFERENCE