Wood et al v. Nautilus Insurance Company

Filing 335

ORDER granting 333 Stipulation Re: 331 Motion for Sanctions. Responses due by 11/7/2022. Signed by Magistrate Judge Cam Ferenbach on 11/3/2022. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:17-cv-02393-MMD-VCF Document 333 335 Filed 10/28/22 11/03/22 Page 1 of 3 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 SAMUEL E. LIPSITZ (Pro Hac Vice) CALIFORNIA BAR NO. 331407 SELMAN BREITMAN LLP 33 New Montgomery, Sixth Floor San Francisco, CA 94105 Telephone: 415.979.0400 Facsimile: 415.979.2099 Email: lhsu@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 Case No. 2:17-cv-02393-MMD-VCF v. Cross-Claimant, ROBERT "SONNY" WOOD; ACCESS MEDICAL, LLC; FLOURNOY MANAGEMENT, LLC AND ROES 1-10, inclusive, 28 Counter-Defendants. 1 3892 42806 4872-3127-9420 .v2 ORDER EXTENDING DEADLINE FOR NAUTILUS INSURANCE COMPANY TO RESPOND TO ROBERT “SONNY” WOOD’S AND ACCESS MEDICAL, LLC’S MOTION FOR RULE 37 SANCTIONS ATTORNEYS AT LAW Selman Breitman LLP Case 2:17-cv-02393-MMD-VCF Document 335 Filed 11/03/22 Page 2 of 3 1 Defendant / Cross-Claimant NAUTILUS INSURANCE COMPANY (“Nautilus”), by and 2 through its counsel of record, Selman Breitman LLP, and Plaintiffs / Counter-Defendants ROBERT 3 “SONNY” WOOD and ACCESS MEDICAL, LLC (the “Insureds”; collectively, the “Parties”), by 4 and through their counsel of record, The Schnitzer Law Firm, hereby submit the following 5 Stipulation and [Proposed] Order extending the deadline for Nautilus to file its Response to the 6 Insureds’ Motion for Rule 37 Sanctions [ECF No. 331] (the “Motion”). 7 The underlying motion to compel related to the Motion pertains to documents that Nautilus 8 originally withheld based on a claim of attorney-client privilege (the “Documents”). Prior to the 9 filing of the Motion, Nautilus had been contemplating whether to file a writ of mandamus with the 10 Ninth Circuit Court of Appeals as it relates to the Court’s order (1) finding that the Documents are 11 not subject to a claim of attorney-client privilege, and (2) instructing Nautilus to produce the 12 Documents to the Insureds. However, Nautilus recently determined that it would not be proceeding 13 with a writ of mandamus. Accordingly, Nautilus produced the Documents to the Insureds via email 14 on October 24, 2022. Hard copies of the Documents were also sent to the Insureds via regular mail 15 on the same day. 16 Given that Nautilus has complied with the Court’s order to produce the Documents, 17 Nautilus’s counsel contacted the Insureds’ counsel and requested that the Insureds withdraw the 18 Motion. Counsel for the Insureds responded that he has not had sufficient time to analyze the 19 Documents and consider Nautilus’s withdrawal request. However, the Insureds’ counsel agreed to 20 extend the deadline by one (1) week for Nautilus to respond to the Motion while counsel reviews 21 the Documents and considers Nautilus’s request. Accordingly, the Parties have agreed that the original deadline of October 31, 2022, for 22 23 Nautilus to respond to the Motion will now be extended to November 7, 2022. 24 /// 25 26 27 28 2 3892 42806 4872-3127-9420 .v2 Case 2:17-cv-02393-MMD-VCF Document 335 Filed 11/03/22 Page 3 of 3 1 2 IT IS SO STIPULATED. DATED: October 28, 2022 SELMAN BREITMAN LLP 3 4 By: 5 6 7 8 9 10 DATED: October 28, 2022 THE SCHNITZER LAW FIRM 12 ATTORNEYS AT LAW Selman Breitman LLP 11 /s/ Casey Quinn CASEY J. QUINN NEVADA BAR NO. 11248 LINDA WENDELL HSU (PRO HAC VICE) CALIFORNIA BAR NO. 162971 SAMUEL E. LIPSITZ (PRO HAC VICE) CALIFORNIA BAR NO. 331407 33 New Montgomery, Sixth Floor San Francisco, CA 94105-4537 Phone: 415.979.2024 Facsimile: 415.979.2099 Attorneys for Defendant/Cross-Claimant NAUTILUS INSURANCE COMPANY 13 By: 14 15 16 17 18 19 20 /s/ Jordan Schnitzer JORDAN P. SCHNITZER NEVADA BAR NO. 10744 9205 W. Russell Road, Suite 240 Las Vegas, NV 89148 Phone: (702) 960-4050 Facsimile: (702) 960-4092 Attorneys for Defendants ACCESS MEDICAL, LLC and ROBERT CLARK WOOD, II IT IS SO ORDERED: November 3, 2022 Dated: __________________ ____________________________________ Magistrate Judge Cam Ferenbach 21 22 23 24 25 26 27 28 3 3892 42806 4872-3127-9420 .v2

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