Rocco v. Civil Service Employees Insurance Company

Filing 10

ORDER denying as moot 4 Motion to Dismiss; ORDER granting 9 Stipulation to file Amended Complaint which Defendant has 15 days to answer; Signed by Magistrate Judge Cam Ferenbach on 4/17/2018. (Copies have been distributed pursuant to the NEF - JM)

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Sheri Thome, Esq.
Nevada Bar No. 08657
I-Che Lai, Esq.
Nevada Bar No. 12247
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
300 South Fourth Street, 11th Floor
Las Vegas, NV 89101
[phone]; FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendant,
Civil Service Employees Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STEPHEN ROCCO,

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2:18-cv-00532-JCM-VCF

Plaintiff,

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CASE NO:

v.
CIVIL SERVICE EMPLOYEES INSURANCE
COMPANY,

STIPULATION AND ORDER TO
ALLOW PLAINTIFF TO AMEND
COMPLAINT AND TO WITHDRAW
MOTION TO DISMISS

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Defendant.
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IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys of record for
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Plaintiff Stephen Rocco and Defendant Civil Service Employees Insurance Company as follows:
1. Plaintiff filed his original Complaint on February 26, 2018 in the Eighth Judicial District
Court of Clark County, Nevada.
2. Defendant filed a Notice of Removal of Action [ECF 1] on March 23, 2018.
3. Defendant filed a Motion to Dismiss pursuant to Fed R. Civ. P. 12(b)(6) [ECF 4] on March
26, 2018. Plaintiff filed an Opposition to the Motion to Dismiss on April 10, 2018 [ECF 7]

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and concurrently moved to amend his complaint, attaching a proposed First Amended
Complaint.

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4. The parties agree that Plaintiff may amend his Complaint in the form of the proposed First

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Amended Complaint. If the stipulation to amend is approved by this Court, the Motion to

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Dismiss will be moot.

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5. If the stipulation is approved by the Court, Defendant will have 15 days from the date of

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Plaintiff’s filing of the First Amended Complaint in which to file its answer.

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WHEREFORE, the undersigned request that this Court enter an Order approving the above-

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referenced stipulation.
DATED this day of 16th day of April, 2018

DATED this day of 16th day of April, 2018

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

THE COTTLE FIRM

BY:

BY:

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/s/ Sheri Thome____________
Sheri Thome, Esq.
Nevada Bar No. 08657
I-Che Lai, Esq.
Nevada Bar No. 012247
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
[phone]
Attorneys for Defendant Civil Service
Employees Insurance Company

/s/ Matthew D. Minucci______
Robert W. Cottle, Esq.
Nevada Bar No. 004576
Matthew D. Minucci, Esq.
Nevada Bar No. 012449
8635 South Eastern Avenue
Las Vegas, Nevada 89123
[phone]
Attorney for Plaintiff, Stephen Rocco

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ORDER UPON STIPULATION
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GOOD CAUSE SHOWING, IT IS SO ORDERED. Plaintiff is granted leave to file the

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proposed First Amended Complaint, which Defendant has 15 days to answer. Defendant’s Motion

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to Dismiss [ECF 4] is denied as moot.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE
4-17-2018
Dated : ____________________

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