Erdmann v. Lincoln National Life Insurance Company
Filing
39
ORDER Granting 38 Stipulation to Extend Time re 37 Order. Motions due by 11/13/2018. Responses due by 12/13/2018. Replies due by 1/11/2019. Signed by Magistrate Judge Peggy A. Leen on 10/29/2018. (Copies have been distributed pursuant to the NEF - ADR)
Case 2:17-cv-02383-JAD-PAL Document 38 Filed 10/26/18 Page 1 of 3
1
2
3
4
5
Anna Maria Martin (Bar No. 7079)
amartin@mmhllp.com
MESERVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500
Los Angeles, California 90017-2611
Telephone:
(213) 620-0300
Facsimile:
(213) 625-1930
316 California Ave. #216
Reno, Nevada 89509
6
7
8
9
10
11
12
Wendy L. Furman (Fla. Bar No. 0085146)
wendy.furman@mhllp.com
McDOWELL HETHERINGTON LLP
2101 N.W. Corporate Blvd., Suite 316
Boca Raton, FL 33431
Telephone:
(561) 994-4311
Facsimile:
(561) 982-8985
Admitted pro hac vice
Attorneys for Defendant
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY
13
UNITED STATES DISTRICT COURT
14
DISTRICT COURT OF NEVADA
15
RICK ERDMANN,
16
17
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
18
THE LINCOLN NATIONAL LIFE
19
INSURANCE COMPANY,
20
Defendant.
Case No. 2:17-cv-02383-JAD-PAL
JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
DISPOSITIVE MOTIONS DEADLINE
(First Request)
21
22
23
24
25
26
27
28
Plaintiff Rick Erdmann and Defendant The Lincoln National Life Insurance Company
(“Lincoln National”), by and through their respective counsel, hereby stipulate and agree:
1.
This is an action under the Employee Retirement Income Security Act of 1974 as
amended, 29 U.S.C. § 1001 et seq. (“ERISA”).
2.
Pursuant to the July Joint Status Report (Doc. 35), the Parties agreed to file their
motions for summary judgment by October 31, 2018.
1
Case No. 2:17-cv-02383-JAD-PAL
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING DISPOSITIVE MOTIONS DEADLINE
Case 2:17-cv-02383-JAD-PAL Document 38 Filed 10/26/18 Page 2 of 3
1
3.
In an attempt to resolve the case before incurring substantial fees associated with
2
motions for summary judgment, the Parties unsuccessfully mediated on May 9, 2018. Since then,
3
the Parties have continued to explore multiple settlement options. However, after months of
4
exhaustive settlement negotiations, the Parties remain at an impasse. As this is an ERISA action,
5
the Parties agree that it should be resolved on summary judgment.
6
4.
To date, the Parties avoided the time and expense associated with drafting
7
dispositive motions (both to the Parties and the Court) as they continued their settlement
8
discussions. Because the Parties cannot settle, they now agree that dispositive motions are
9
necessary and appropriate. As such, the Parties request a two-week extension to file their
10
respective motions for summary judgment, and propose the following deadlines: dispositive
11
motions will be filed by Tuesday, November 13, 2018; responses by Thursday, December 13,
12
2018, and replies by Friday, January 11, 2019.
13
5.
This is the first stipulation for an extension of the dispositive motion deadline.
14
The Parties do not presently anticipate any further extensions of this deadline will be necessary.
15
This extension is sought in good faith after the Parties continuously negotiated to reduce the
16
additional expenses associated with filing dispositive motions while they continued their
17
extensive settlement discussions. It is not requested for any improper purpose.
18
Dated: October 26, 2018
LAW OFFICE OF JULIE A. MERSCH
19
20
21
22
23
By:
/s/ Julie A. Mersch
Julie A. Mersch, Esq.
NV Bar No. 004695
701 South 7th Street
Las Vegas, Nevada 89101
25
KANTOR & KANTOR LLP
Glenn R. Kantor, Esq.
gkantor@kantorlaw.net
19839 Nordhoff Street
Northridge, California 91324
26
Attorneys for Plaintiff Rick Erdmann
24
27
28
2
Case No. 2:17-cv-02383-JAD-PAL
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING DISPOSITIVE MOTIONS DEADLINE
Case 2:17-cv-02383-JAD-PAL Document 38 Filed 10/26/18 Page 3 of 3
1
Dated: October 26, 2018
McDOWELL HETHERINGTON LLP
2
3
4
5
6
7
8
By:
/s/ Wendy L. Furman
Wendy L. Furman, Esq.
wendy.furman@mhllp.com
2101 N.W. Corporate Blvd., Suite 316
Boca Raton, Florida 33431
MESERVE MUMPER & HUGHES, LLP
Anna Maria Martin, Esq.
NV Bar No. 7079
amartin@mmhllp.com
316 California Avenue, #216
Reno, Nevada 89509
9
10
Attorneys for Defendant The Lincoln National
Life Insurance Group
11
12
IT IS SO ORDERED.
13
14
15
16
17
UNITED STATES DISTRICT COURT JUDGE
OR UNITED STATES MAGISTRATE JUDGE
DATED:
October 29, 2018
18
19
20
21
22
23
24
25
26
27
28
3
Case No. 2:17-cv-02383-JAD-PAL
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING DISPOSITIVE MOTIONS DEADLINE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?