Wood et al v. Nautilus Insurance Company

Filing 250

ORDER granting 247 Motion for Sanctions : The Court orders that pursuant to Federal Rules of Civil Procedure 26(c)(3), 37(a)(5), and the Court's Order of February 20, 2020, ECF No. 203 , Nautilus is awarded monetary sanctions in the amount of Five Thousand Dollars ($5,000), representing an agreed-upon reasonable amount of fees and costs incurred by Nautilus for its preparation of its motion, ECF No. 237 , to be paid to Nautilus's counsel of record within thirty (30) days of the entry of this Order (11/20/2020). Signed by Magistrate Judge Daniel J. Albregts on 10/21/2020. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 9 10 12 ATTORNEYS AT LAW Selman Breitman LLP 11 CASEY J. QUINN NEVADA BAR NO. 11248 SELMAN BREITMAN LLP 3993 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89169-0961 Telephone: 702.228.7717 Facsimile: 702.228.8824 Email: cquinn@selmanlaw.com LINDA WENDELL HSU (Pro Hac Vice) CALIFORNIA BAR NO. 162971 PETER W. BLOOM (Pro Hac Vice) CALIFORNIA BAR NO. 313507 SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor San Francisco, CA 94105 Telephone: 415.979.0400 Facsimile: 415.979.2099 Email: lhsu@selmanlaw.com pbloom@selmanlaw.com Attorneys for Defendant/Cross-Claimant NAUTILUS INSURANCE COMPANY 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 ROBERT "SONNY" WOOD, an individual; ACCESS MEDICAL, LLC, a Delaware limited liability company, Plaintiffs, 18 v. 19 20 21 22 23 NAUTILUS INSURANCE GROUP, a Delaware limited liability company, et al., Defendant. NAUTILUS INSURANCE COMPANY, 24 25 26 27 v. Cross-Claimant, ROBERT "SONNY" WOOD; ACCESS MEDICAL, LLC; FLOURNOY MANAGEMENT, LLC AND ROES 1-10, inclusive, 28 Counter-Defendants. 1 3892 42806 4815-2311-2143 .v1 Case No. 2:17-CV-02393-MMD-DJA ORDER [PROPOSED] ORDER FOR SANCTIONS ARISING OUT OF NAUTILUS’S MOTION FOR A PROTECTIVE ORDER RELATING TO THE 30(B)(6) DEPOSITION OF NAUTILUS Having considered Defendant Nautilus Insurance Company's (hereafter "Nautilus") Motion 1 2 for a Protective Order, ECF No. 237, and the opposition and reply briefs filed in response thereto, 3 the Court ruled in Nautilus's favor and ordered that Nautilus may obtain sanctions, subject to a 4 requirement that Nautilus and Plaintiffs Robert "Sonny" Wood and Access Medical, LLC 5 (hereafter collectively "Plaintiffs") meet and confer to resolve the amount of reasonable fees and 6 costs; And further having reviewed the declaration of Peter W. Bloom filed concurrently with 7 8 Nautilus's Request for Sanctions, the meet and confer correspondence attached to the declaration 9 of Peter W. Bloom, and the attached Stipulation as to reasonable fees and costs for the preparation 10 The Court orders that pursuant to Federal Rules of Civil Procedure 26(c)(3), 37(a)(5), and 12 LLP 11 ATTORNEYS AT LAW Selman Breitman of the two discovery motions; the Court's Order of February 20, 2020, ECF No. 203, Nautilus is awarded monetary sanctions in 13 the amount of Five Thousand Dollars ($5,000), representing an agreed-upon reasonable amount of 14 fees and costs incurred by Nautilus for its preparation of its motion, ECF No. 237, to be paid to 15 Nautilus's counsel of record within thirty (30) days of the entry of this Order. 16 IT IS SO ORDERED: 17 18 19 20 October 21, 2020 Dated: __________________ ____________________________________ Magistrate Judge Daniel J. Albregts 21 22 23 24 25 26 27 28 2 3892 42806 4815-2311-2143 .v1 CERTIFICATE OF SERVICE 1 2 3 I hereby certify that I am an employee of SELMAN BREITMAN LLP and, pursuant to 4 Local Rule 5.1, service of the foregoing [PROPOSED] ORDER FOR SANCTIONS ARISING 5 OUT OF NAUTILUS’S MOTION FOR A PROTECTIVE ORDER RELATING TO THE 6 30(B)(6) DEPOSITION OF NAUTILUS on this 20th day of October, 2020, via the Court's 7 CM/ECF electronic filing system addressed to all parties on the e-service list, as follows: 8 9 10 12 ATTORNEYS AT LAW Selman Breitman LLP 11 13 14 Jordan P. Schnitzer THE SCHNITZER LAW FIRM 9205 W. Russell Road, Suite 240 Las Vegas, NV 89148 Phone: (702) 960-4050 Facsimile: (702) 960-4092 Email: Jordan@theschnitzerlawfirm.com Martin Kravitz L. Renee Green KRAVITZ, SCHNITZER & JOHNSON 8985 s. Eastern Ave, Ste.200 Las Vegas, NV 89123 Phone: (702) 362-6666 Facsimile: (702 362-2203 Email: mkravitz@ksjattorneys.com rgreen@ksjattorneys.com Attorneys for Plaintiffs ROBERT "SONNY" WOOD and ACCESS MEDICAL, LLC Attorneys for Plaintiffs ROBERT "SONNY" WOOD and ACCESS MEDICAL, LLC 15 16 17 /s/ Pamela Smith PAMELA SMITH An Employee of Selman Breitman LLP 18 19 20 21 22 23 24 25 26 27 28 3 3892 42806 4815-2311-2143 .v1

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