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

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Anna Maria Martin (Bar No. 7079)
[e-mail]
MESERVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500
Los Angeles, California 90017-2611
Telephone:
[phone]
Facsimile:
[phone]
316 California Ave. #216
Reno, Nevada 89509

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Wendy L. Furman (Fla. Bar No. 0085146)
[e-mail]
McDOWELL HETHERINGTON LLP
2101 N.W. Corporate Blvd., Suite 316
Boca Raton, FL 33431
Telephone:
[phone]
Facsimile:
[phone]
Admitted pro hac vice
Attorneys for Defendant
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY

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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,
v.

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THE LINCOLN NATIONAL LIFE

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INSURANCE COMPANY,

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Defendant.

Case No. 2:17-cv-02383-JAD-PAL

JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
DISPOSITIVE MOTIONS DEADLINE
(First Request)

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Plaintiff Rick Erdmann and Defendant The Lincoln National Life Insurance Company
(“Lincoln National”), by and through their respective counsel, hereby stipulate and agree:
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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.

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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

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3.

In an attempt to resolve the case before incurring substantial fees associated with

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motions for summary judgment, the Parties unsuccessfully mediated on May 9, 2018. Since then,

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the Parties have continued to explore multiple settlement options. However, after months of

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exhaustive settlement negotiations, the Parties remain at an impasse. As this is an ERISA action,

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the Parties agree that it should be resolved on summary judgment.

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4.

To date, the Parties avoided the time and expense associated with drafting

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dispositive motions (both to the Parties and the Court) as they continued their settlement

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discussions. Because the Parties cannot settle, they now agree that dispositive motions are

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necessary and appropriate. As such, the Parties request a two-week extension to file their

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respective motions for summary judgment, and propose the following deadlines: dispositive

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motions will be filed by Tuesday, November 13, 2018; responses by Thursday, December 13,

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2018, and replies by Friday, January 11, 2019.

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5.

This is the first stipulation for an extension of the dispositive motion deadline.

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The Parties do not presently anticipate any further extensions of this deadline will be necessary.

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This extension is sought in good faith after the Parties continuously negotiated to reduce the

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additional expenses associated with filing dispositive motions while they continued their

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extensive settlement discussions. It is not requested for any improper purpose.

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Dated: October 26, 2018

LAW OFFICE OF JULIE A. MERSCH

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By:
/s/ Julie A. Mersch
Julie A. Mersch, Esq.
NV Bar No. 004695
701 South 7th Street
Las Vegas, Nevada 89101

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KANTOR & KANTOR LLP
Glenn R. Kantor, Esq.
[e-mail]
19839 Nordhoff Street
Northridge, California 91324

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Attorneys for Plaintiff Rick Erdmann

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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

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Dated: October 26, 2018

McDOWELL HETHERINGTON LLP

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By:
/s/ Wendy L. Furman
Wendy L. Furman, Esq.
[e-mail]
2101 N.W. Corporate Blvd., Suite 316
Boca Raton, Florida 33431
MESERVE MUMPER & HUGHES, LLP
Anna Maria Martin, Esq.
NV Bar No. 7079
[e-mail]
316 California Avenue, #216
Reno, Nevada 89509

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Attorneys for Defendant The Lincoln National
Life Insurance Group

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IT IS SO ORDERED.
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UNITED STATES DISTRICT COURT JUDGE
OR UNITED STATES MAGISTRATE JUDGE
DATED:

October 29, 2018

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Case No. 2:17-cv-02383-JAD-PAL
JOINT STIPULATION AND [PROPOSED] ORDER
EXTENDING DISPOSITIVE MOTIONS DEADLINE