Zuchelkowski v. Geico General Insurance Company et al

Filing 37

ORDER Granting 35 Stipulation for Extension of Time (First Request) to File Joint Pre-Trial Order re 34 Order on Stipulation, Scheduling Order. Proposed Joint Pretrial Order due by 8/1/2022. Signed by Magistrate Judge Elayna J. Youchah on 8/2/2022. (Copies have been distributed pursuant to the NEF - YAW)

Case 2:20-cv-02182-GMN-EJY Document 37 Filed 08/02/22 Page 1 of 3

1 JONATHAN W. CARLSON, ESQ.
Nevada Bar No. 10536
2 [e-mail]
FRANK A. TODDRE, II
3 Nevada Bar No. 11474
[e-mail]
4 McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
5 8337 West Sunset Road, Suite 350
Las Vegas, NV 89113
6 Telephone:
[phone]
Facsimile:
[phone]
7 Attorneys for Defendant
GEICO GENERAL INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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12 CRAIG ZUCHELKOWSKI,

CASE NO.

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PROPOSED STIPULATION AND ORDER
TO EXTEND DEADLINE TO FILE
PROPOSED JOINT PRE-TRIAL ORDER

14

Plaintiff,
v.

15 GEICO GENERAL INSURANCE COMPANY,
a Foreign Corporation; LEIGH AUBUCHON,
16 an individual; DOES I through XX, inclusive;
and ROE BUSINESS ENTITIES I through XX,
17 inclusive,
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2:20-cv-2182-GMN-EJY

[SECOND REQUEST TO EXTEND
SCHEDULING ORDER, FIRST TO
SPECIFICALLY EXTEND JOINT PRE
TRIAL ORDER DEADLINE]

Defendants.

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Defendant GEICO GENERAL INSURANCE COMPANY, by and through its attorneys of

21 record of the law firm McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP, and
22 Plaintiff CRAIG ZUCHELKOWSKI, by and through his attorneys of record of the law firm PAUL
23 PADDA LAW, PLLC, hereby stipulate to extend the deadline to file a Proposed Joint Pre-Trial Order
24 in this matter from July 28, 2022, to August 1, 2022.
25 / / /
26 / / /
27 / / /
28 / / /
MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

Case 2:20-cv-02182-GMN-EJY Document 37 Filed 08/02/22 Page 2 of 3

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PROPOSED STIPULATION AND ORDER
TO EXTEND DEADLINE TO FILE
PROPOSED JOINT PRE-TRIAL ORDER
CASE NO. 2:20-cv-2182-GMN-EJY

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3
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The reason for the brief extension is so that the parties may exchange final revisions of the

5 Joint Pre Trial Order. While the parties had in good faith been working in finishing prior to the
6 deadline, there was also a mutual question of whether the deadline would be stayed pursuant to LR
7 26-1(b)(5) which provides that if “dispositive motions are filed, the deadline for filing the joint pretrial
8 order will be suspended until 30 days after decision on the dispositive motions or further court order.”
Given that GEICO’s outstanding motion to dismiss the extra contractual claims of relief1 is

9

10 still pending—but only partially dispositive of the matter—the parties were unsure whether the
11 pleading was ensconced within the category of dispositive motions contemplated by this Rule. Out of
12 an abundance of caution, the parties agreed to submit the joint pretrial order and with the
13 acknowledgment they would amend if necessary following disposition of said Motion to Dismiss.
14

With this, the parties in good faith request a brief continuance to finalize their revisions and

15 shall not request a second continuance for this date.
DATED this 28th day of July, 2022

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PAUL PADDA LAW, PLLC

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By

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/s/ Srilata R. Shah
PAUL S. PADDA, ESQ.
Nevada Bar No. 10417
SRILATA R. SHAH, ESQ.
Nevada Bar No. 6820
Attorneys for Plaintiff

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25 / / /
26 / / /
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ECF No. 22.

MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

2

Case 2:20-cv-02182-GMN-EJY Document 37 Filed 08/02/22 Page 3 of 3

1

PROPOSED STIPULATION AND ORDER
TO EXTEND DEADLINE TO FILE
PROPOSED JOINT PRE-TRIAL ORDER
CASE NO. 2:20-cv-2182-GMN-EJY

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DATED this 28th day of June, 2022

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McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By

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IT IS SO ORDERED.

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DATED this 2nd day of August, 2022.

/s/ Frank A. Toddre, II
JONATHAN W. CARLSON, ESQ.
Nevada Bar No. 10536
FRANK A. TODDRE, II
Nevada Bar No. 11474
Attorneys for Defendant GEICO GENERAL
INSURANCE COMPANY

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By
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UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD, SUITE 350
LAS VEGAS, NV 89113

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