Safran v. United Health Products, Inc. et al

Filing 85

ORDER granting 84 Stipulation to Vacate Settlement Conference. Signed by Magistrate Judge Nancy J. Koppe on 6/3/2021. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:18-cv-00158-JAD-NJK Document 84 Filed 06/02/21 Page 1 of 2

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Frank H. Cofer III
Nevada Bar No. 11362
COFER & GELLER, LLC
601 South Tenth Street
Las Vegas, NV 89101
707-777-9999 phone
702-777-9995 fax
[e-mail]
Local Counsel for Defendants/
Counter Claimants United Health
Products, Inc. and Douglas Beplate

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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STEVEN SAFRAN,

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Plaintiff,

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vs.

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UNITED HEALTH PRODUCTS, INC. and
DOUGLAS BEPLATE,

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Case No. 2:18-cv-00158-JAD-NJK

STIPULATION TO VACATE
SETTLEMENT CONFERENCE

Defendants.

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COME NOW the parties, by and through their attorneys of record, and hereby stipulate and

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request that the settlement conference currently set for 1:00 p.m. on June 2, 2021 be

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vacated and/or canceled.
The Court’s Order of May 5, 2021 provided that “[a]ny request to change the date of the
settlement conference must be […] filed within 14 days of the issuance of this order[] […] and
must include at least five alternate dates[.]”

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Although this stipulation is several days outside the window provided by the Order for

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changing the date of the conference, it has recently become clear to the parties that further

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negotiation will be fruitless and that the case will not be settled. Over the past month, the
parties have exchanged settlement proposals, but have been unable to reach an agreement and

Case 2:18-cv-00158-JAD-NJK Document 84 Filed 06/02/21 Page 2 of 2

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do not believe they will do so. For this reason, no alternative dates for a settlement conference

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are sought. Further, because the parties, after discussion, are convinced that any settlement

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conference will be fruitless, it is in the interest of judicial economy, and in the interest of
saving litigation and travel expenses for the parties, for this Court to vacate and/or cancel the
currently-scheduled settlement conference.
THEREFORE, the parties respectfully request that this Court vacate and/or cancel the
settlement conference currently scheduled for 1:00 p.m. on June 2, 2021.
Dated this 2nd day of June, 2021.

Dated this 2nd day of June, 2021.

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CERASIA & DEL REY-CONE LLP

HOWARD R. BIRNBACH LAW OFFICE

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   s/ Edward Cerasia II     
Edward Cerasia II, Esq.
150 Broadway, Suite 1517
New York, NY 10038
[phone]
New York Counsel Admitted Pro Hac Vice
For Plaintiff/Counter Defendant
Steven Safran

    /s/Howard R. Birnbach

Howard Robert Birnbach, Esq.
111 Great Neck Road, Suite 205
Great Neck, NY 11021
[phone]
New York Counsel for Defendants/
Counter Claimants United Health
Products, Inc. and Douglas Beplate

Patrick N. Chapin, Esq.
Nevada Bar No. 4946
129 Cassia Way
Henderson, NV 89014
Local Counsel for Plaintiff/Counter
Defendant
Steven Safran

Frank H. Cofer, III, Esq.
Nevada Bar No. 11362
601 South Tenth Street
Las Vegas, NV 89101
Local Counsel for Defendants/
Counter Claimants United Health
Products, Inc. and Douglas Beplate

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ORDER
3rd
IT IS SO ORDERED this ______ day of June, 2021.

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U.S. MAGISTRATE JUDGE