Schultz et al v. LM General Insurance Company

Filing 10

ORDER granting 9 Motion to Stay Case; Joint Status Report due by 8/5/2022. Signed by Judge Gloria M. Navarro on 5/9/2022. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:22-cv-00523-GMN-DJA Document 10 Filed 05/09/22 Page 1 of 2 1 2 3 4 5 6 7 8 Amy M. Samberg (NV Bar No. 10212) amy.samberg@clydeco.us Dylan P. Todd (NV Bar No. 10456) dylan.todd@cyldeco.us CLYDE & CO US LLP 7251 W. Lake Mead Blvd., Suite 430 Las Vegas NV 89128 Telephone: 725-248-2900 Facsimile: 725-248-2907 LM General Insurance Company, erroneously named as LM General Insurance Company aka Liberty Mutual Insurance Company 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 CLYDE & CO US LLP 7251 West Lake Mead Boulevard, Suite 43 0 Las Vegas, Nev ada 8912 8 12 EMILY SCHULTZ and DANIEL SCHULTZ, individually and as a Natural Parent and Guardian of E. S., a minor, 13 14 15 16 17 18 JOINT MOTION TO STAY PENDING MEDIATION Plaintiffs, v. LM GENERAL INSURANCE COMPANY aka LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation; and DOES I through X; and ROE CORPORATIONS I through X, inclusive, Defendants. 19 20 21 CASE NO.: 2:22-cv-00523-GMN-DJA Plaintiffs Emily Schultz and Daniel Schultz (“Plaintiffs”) and Defendant LM General Insurance Company (“LM”) submits the following Joint Motion to Stay Pending Mediation. 22 On February 22, 2022, the Nevada Division of Insurance sent the Summons and Complaint 23 to LM. See, Nevada Commissioner of Insurance Letter (ECF No. 1-3). On March 24, 2022 24 Defendant LM removed this matter to Federal Court on diversity grounds under 28 U.S.C. § 25 1441(b). (ECF No. 1.) On March 30, 2022, the parties stipulated to a thirty (30) day extension of 26 time for LM to respond to the Complaint in an attempt work out a potential resolution. (ECF No. 27 5). 28 negotiations and stipulated to extend LM’s response deadline to May 2, 2022. On March 31, 2022, The parties believe that settlement is possible and are currently engaged in settlement -1- Case 2:22-cv-00523-GMN-DJA Document 10 Filed 05/09/22 Page 2 of 2 1 the Court granted the stipulation to extend LM’s response deadline to May 2, 2022. (ECF No. 6). 2 On April 11, 2022, Defendant LM filed its Statement Regarding Removal. (ECF No. 7). 3 The parties have agreed to a private mediation that is scheduled to take place on 4 June 21, 2022 before Hon. Jennifer Togliatti (ret.). It is the parties’ hope that this case can be 5 resolved at this time. 6 Wherefore, the parties respectfully request that the Court stay this action, including the 7 exchange of Fed. R. Civ. P. 26(a)(1) disclosure, pending completion of a a private mediation that 8 is scheduled to take place on June 21, 2022 before Hon. Jennifer Togliatti (ret.). 9 Dated: April 29, 2022 10 JEREZ LAW, PLLC CLYDE & CO US LLP 11 CLYDE & CO US LLP 7251 West Lake Mead Boulevard, Suite 43 0 Las Vegas, Nev ada 8912 8 12 13 14 15 16 17 /s/ Isaiah A. Jerez Isaiah A. Jerez, Esq. (NV Bar No. 11615) isaiah@jerezlaw.com 4484 S. Pecos Road, Suite 145 Las Vegas, NV 89121 Telephone : (702) 941-7660 Facsimile : (725) 888-4717 Attorneys for Plaintiffs 18 19 20 /s/ Dylan Todd Amy M. Samberg (NV Bar No. 10212) amy.samberg@clydeco.us Dylan P. Todd (NV Bar No. 10456) dylan.todd@cyldeco.us 7251 W. Lake Mead Blvd., Suite 430 Las Vegas NV 89128 Telephone: 725-248-2900 Facsimile: 725-248-2907 Attorneys for Defendant LM General Insurance Company, erroneously named as LM General Insurance Company aka Liberty Mutual Insurance Company ORDER 21 IT IS SO ORDERED. 22 24 IT IS FURTHER ORDERED that the parties must file a joint status report informing the Court of the progress of the mediation proceedings every ninety (90) days, beginning on August 5, 2022. 25 9 Dated this ____ day of May, 2022. 23 26 27 28 ___________________________ Gloria M. Navarro, District Judge UNITED STATES DISTRICT COURT -2-

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