MAF, Inc. v. Isaac

Filing 47

ORDER granting 45 Stipulation re 26 Motion for Summary Judgment. IT IS HEREBY ORDERED that Isaacs Response to MAFs Motion for Summary Judgment 26 shall be filed and served on or before January 9, 2024. IT IS FURTHER ORDERED that MAFs Reply in support of its Motion for Summary Judgment shall be filed and served on or before January 23, 2024. Signed by District Judge Anne R. Traum on 11/14/2023. (Copies have been distributed pursuant to the NEF - CAH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
MAF, INC.,

GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

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Plaintiff,

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ORDER GRANTING (ECF No. 45)

v.

STIPULATED REGARDING THE
BRIEFING SCHEDULE RELATED TO
MAF, INC.’S MOTION FOR SUMMARY
JUDGMENT [ECF 26]

JOHN ISAAC, A/K/A JON ISAAC,

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CASE NO.: 2:22-cv-01073-ART-VCF

Defendant.

(Fourth Request)

JOHN ISAAC, A/K/A JON ISAAC,
Counterclaimant,
v.
MAF, INC.,
Counter-Defendant.

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Pursuant to Local Rules LR IA 6-1, LR IA 6-2, LR 7-1, Plaintiff/Counter-Defendant MAF, Inc.

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(“MAF”), and Defendant/Counterclaimant John Isaac a/k/a Jon Isaac (“Isaac” or together with MAF,

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the “Parties”), by and through their respective counsel of record, stipulate, agree, and hereby request

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that the Court enter an Order setting the briefing schedule contemplated herein with respect to MAF’s

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pending Motion for Summary Judgment (ECF No. 26). This is the parties’ third request for an

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extension of briefing schedule on the Motion for Summary Judgment, and the request is based on the
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1.

On February 21, 2023, Isaac propounded certain requests for production of documents

and interrogatories on MAF;

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2.

On February 22, 2023, MAF filed its Motion for Summary Judgment (ECF No. 26);

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3.

On February 28, 2023, Isaac noticed the depositions of Michael Fusco and the FRCP

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30(b)(6) designee(s) of MAF. MAF also propounded certain requests for production of documents and

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interrogatories on Isaac this same day;

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GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

following:

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On March 3, 2023, Isaac noticed the deposition of Louis Senerchia and issued a

subpoena for such deposition;
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On March 7, 2023, DLA Piper LLP (US), MAF’s then lead counsel, filed a Motion to

Withdraw as Counsel (ECF No. 27);
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On March 9, 2023, the parties submitted a Stipulation and [Proposed] Order to Stay of

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Proceedings, Continue Case Deadlines, and to Extend Discovery (ECF No. 29), whereby they sought

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a stay of the action pending the resolution of the Motion to Withdraw as Counsel so that the parties

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could reschedule discovery deadlines for mutually agreeable dates once MAF secured alternative

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counsel and also sought an extension of briefing deadlines relating to the pending motion for summary

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judgment;

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7.

On March 15, 2023, the Court issued an order vacating the pending briefing deadlines

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relating to the pending motion for summary judgment and directing the parties to submit a proposed

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briefing schedule as to the motion for summary judgment within seven days after the completion of the

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hearing before Magistrate Judge Cam Ferenbach on the Motion to Withdraw as Counsel and the parties’

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request for an extension of the discovery deadlines (ECF No. 32);

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On April 3, 2023, Magistrate Judge Ferenbach held a hearing where he granted the

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Motion to Withdraw as Counsel and continued the hearing with respect to the parties proposed

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discovery deadlines to afford MAF sufficient time to secure alternative counsel (ECF No. 33);

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On April 26, 2023, Magistrate Judge Ferenbach held a continued hearing on the parties’

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request for an extension of the discovery deadlines. See ECF No. 34. At that hearing, Magistrate Judge

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Ferenbach granted the parties’ request to extend the discovery deadlines and ordered the parties to
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submit a proposed discovery plan and scheduling order as well as a proposed briefing schedule on the

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motion for summary judgment by May 3, 2023. Id.
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Deadlines (Second Request). See ECF No. 37.
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On May 15, 2023, the Court approved the parties’ Joint Stipulation Setting Briefing

Scheduling on Motion for Summary Judgment (Second Request). See ECF No. 38.
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On June 16, 2023 MAF served responses to Isaac’s First Set of Interrogatories and

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Requests for Production of Documents. Isaac also served responses to MAF’s First Set of

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Interrogatories and Requests for Production of Documents, and First Supplement to Initial Disclosures.
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Lead counsel for Isaac previously stepped back from the full-time practice of law,

requiring the reassignment of this matter to new counsel within the same firm.
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On June 27, 2023, MAF served supplemental responses to Isaac’s First Set of Requests

for Production of Documents and Second Supplement to Initial Disclosures.

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GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

On May 5, 2023, the Court approved the parties’ Joint Stipulation to Extend Discovery

On August 25, 2023, Isaac served his second supplemental document disclosures

providing additional evidence documenting the extent of Isaac’s claimed damages.
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Following MAF’s review of the documents provided in the second supplemental

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disclosures, counsel for the parties engaged in discussions regarding the posture of the case and whether

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it was ripe for resolution. Counsel determined that in order to provide parties the appropriate

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information to meaningfully negotiate that Isaac would need to issue a 3rd party subpoena for the Chubb

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Insurance claim file regarding the insurance claim underlying the dispute between the parties (the

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“Chubb Claim File”) and will also need to move forward with the deposition of Louis Senerchia.
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The parties have since met and conferred regarding the discovery deadlines and briefing

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schedule on the motion for summary judgment, and have agreed to extend the briefing schedule on the

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motion for summary judgment so that (1) Isaac’s counsel has the opportunity to obtain the Chubb Claim

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file, (2) the parties have an opportunity to complete the deposition of Louis Senerchia, and (3) the

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parties may engage in private settlement discussions and, if needed a settlement conference with the

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Court.

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schedule on the Motion for Summary Judgment (ECF No. 26):
A.

Isaac shall have up to and including January 9, 2024 to file his Response to MAF’s

Motion for Summary Judgment;
B.

MAF shall have up to and including January 23, 2024 to file its Reply in support of its

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Motion for Summary Judgment.

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Respectfully Submitted,

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DATED this 9th day of November 2023.

DATED this 9th day of November 2023.

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GREENBERG TRAURIG, LLP

EVANS FEARS & SCHUTTERT LLP

/s/ Glenn F. Meier
MARK E. FERRARIO
Nevada Bar No. 1625
GLENN F. MEIER
Nevada Bar No. 6059
JERRELL L. BERRIOS
Nevada Bar No. 15504
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135

/s/ Chad R. Fears
CHAD R. FEARS
Nevada Bar No. 6970
6720 Via Austi Parkway, Suite 300
Las Vegas, Nevada 89117

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GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]

Based on the foregoing, the parties respectfully request that the Court set the following briefing

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Counsel for MAF, Inc.

Counsel for Jon Isaac
ORDER

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Based on the foregoing stipulation of the parties and good cause appearing therefore,

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IT IS HEREBY ORDERED that Isaac’s Response to MAF’s Motion for Summary Judgment

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(ECF No. 26) shall be filed and served on or before January 9, 2024.
IT IS FURTHER ORDERED that MAF’s Reply in support of its Motion for Summary
Judgment shall be filed and served on or before January 23, 2024.
IT IS SO ORDERED.

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ANNE R. TRAUM
UNITED STATES DISTRICT JUDGE

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DATED: November 14, 2023

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