Colson v. Bulow Holdings, LLC et al

Filing 25

ORDER granting 24 Joint status Report and Stipulation. IT IS HEREBY STIPULATED AND AGREED, by the parties, through undersigned counsel, pursuant to LR IA 6-1, 6-2, and LR 7-1, and subject to the approval of the Court, that all proc eedings in this action shall continue to be stayed pending a final ruling in the Parties anticipated arbitration; In the event Plaintiff does not file and initiate arbitration of the Parties dispute in this matter before Friday Mar ch 1, 2024, then the Parties shall submit a stipulation and order for dismissal without prejudice to the Court by Friday March 15, 2024; and The Parties shall file a joint status report by Monday April 1, 2024, apprising the Court as to the pendency of the arbitration proceeding, in the event this action has not otherwise been dismissed. Signed by Judge Andrew P. Gordon on 2/5/2024. (Copies have been distributed pursuant to the NEF - CAH)

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1 2 3 4 5 F. THOMAS EDWARDS ESQ. Nevada Bar No. 9549 E-mail: tedwards@nevadafirm.com ADAM J. PERNSTEINER, ESQ. Nevada Bar No. 7862 E-mail: apernsteiner@nevadafirm.com HOLLEY DRIGGS 300 South Fourth Street, Suite 1600 Las Vegas, Nevada 89101 Telephone:702/791-0308 6 Attorneys for Defendants 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 JIMMY COLSON, an individual; 11 12 13 14 CASE NO.: 2:22-cv-1950-APG-BNW Plaintiff, JOINT STATUS REPORT AND STIPULATION AND ORDER v. BULOW HOLDINGS, LLC, a Delaware limited liability company; and, OSSUR AMERICAS, INC., a California corporation; 15 Defendants. 16 17 Pursuant to the Court’s prior Order [ECF No. 22] dated January 8, 2024, which directed 18 the parties to submit a joint status report by February 2, 2024, Plaintiff Jimmy Colson 19 (“Plaintiff”) and Defendants Bulow Holdings, LLC and Ossur Americas, Inc. (“Defendants”) 20 (collectively the “Parties”), by and through their undersigned counsel, hereby state the following: PROCEDURAL BACKGROUND 21 22 23 1. On October 20, 2022, Plaintiff commenced this action in the Eighth Judicial District Court for Clark County, Nevada against Defendants. 24 2. On November 18, 2022, Defendants removed the action to this Court. 25 3. On November 28, 2022, the Parties filed a Stipulation and [Proposed] Order 26 Extending Time for Defendants to File and Serve Their Answer or Other Response to the 27 Complaint [ECF No. 5], which was adopted and granted by the Court in its subsequent Order 28 [ECF No. 6] of November 29, 2022. -1- 1 4. On December 8, 2022, the Parties submitted a Stipulation and [Proposed] Order 2 to Stay All Proceedings [ECF No. 8] pending the scheduling and outcome of a planned mediation 3 between the Parties. 4 5. On December 9, 2022, the Court adopted the stipulation and issued its Order to 5 Stay All Proceedings [ECF No. 9]. In its Order, the Court further directed that the Parties submit 6 a joint status report within 60 days of the entry of the Order. 7 6. On February 7, 2023, the Parties submitted a Joint Status Report and Stipulation 8 and Proposed Order to Continue Stay of All Proceedings [ECF Nos. 10 and 11] based on the 9 parties’ mediation, which was scheduled for March 2, 2023. The Court adopted the stipulation 10 and order in its Order to Continue Stay of All Proceedings [ECF No. 12] on February 8, 2023, 11 which further directed that the parties submit a joint status report by March 31, 2023. 12 7. On March 24, 2023, the Parties submitted a second Joint Status Report and 13 Stipulation and Proposed Order to Continue Stay of All Proceedings [ECF Nos. 13 and 14] based 14 on the parties’ mediation, which was scheduled for March 2, 2023. The Court adopted the 15 stipulation and order in its Order to Continue Stay of All Proceedings [ECF No. 15] on February 16 8, 2023, which further directed that the parties submit a joint status report by June 30, 2023 17 8. On June 30, 2023, the Parties submitted a third Joint Status Report and Stipulation 18 and Order to Continue Stay of All Proceedings [ECF Nos. 16 and 17] based on the parties 19 mediation. The Court adopted the stipulation and order in its Order to Continue Stay of All 20 Proceedings [ECF No. 18] on July 5, 2023, which further directed that the parties submit a joint 21 status report by September 29, 2023. 22 9. The Parties submitted a fourth Joint Status Report and Stipulation and Proposed 23 Order to Continue Stay of All Proceedings [ECF Nos. 19 and 20] which was adopted by the 24 Court in its Order to Continue Stay of All Proceedings [ECF No. 21] on October 2, 2023, which 25 further directed that the parties submit a joint status report by November 28, 2023. 26 10. On January 8, 2024, during the pendency of the Parties’ ongoing discussions 27 regarding the initiation of private binding arbitration proceedings in this matter, the Court issued 28 its Order [ECF No. 22] directing the Parties to submit a joint status report by February 2, 2024. -2- 1 STATUS OF PENDING ADR EFFORTS 2 Since the staying of these proceedings, the Parties attended a mediation on March 2, 2023 3 at JAMS in Las Vegas before the Honorable Phillip M. Pro (Ret.). During the mediation 4 conference, it was determined by the Parties and Judge Pro that the negotiations would benefit 5 from the informal exchange between the Parties of additional underlying documents. In light of 6 this determination, the parties and Judge Pro agreed to adjourn the mediation pending an 7 exchange of additional documents. 8 The above-referenced exchange of documents between the Parties has now occurred. 9 Based on the exchange of documents and the Parties’ discussions to date, the Parties have 10 reached the good faith conclusion that further mediation efforts at this time would not be fruitful 11 and, therefore, it is understood between the Parties that Plaintiff intends to submit this matter to 12 binding private arbitration. 13 Since the Parties’ submission of their fourth Joint Status Report and Stipulation and 14 Proposed Order to Continue Stay of All Proceedings [ECF Nos. 19 and 20], the Parties have 15 been in discussions as to how best to proceed with arbitration and whether the proceedings before 16 this Court should be stayed or, alternatively, dismissed without prejudice based upon the 17 anticipated submission of this matter to binding private arbitration. It was during the pendency 18 of these discussions that the Parties inadvertently allowed the prior deadline for submitting their 19 status report to pass. However, the Parties have now agreed in the interest of expediting and 20 concluding their ADR effort that this matter should be referred and docketed for binding 21 arbitration by March 1, 2024 and, the Parties have further agreed that, so long as the 22 contemplated private arbitration is initiated on or before that date, the proceedings before this 23 Court should continue to be stayed in the interest of judicial economy pending a final ruling in 24 the arbitration. The Parties further agree that this action shall be dismissed without prejudice in 25 the event that Plaintiff does not file and initiate binding arbitration by March 1, 2024. 26 STIPULATION 27 IT IS HEREBY STIPULATED AND AGREED, by the parties, through undersigned 28 counsel, pursuant to LR IA 6-1, 6-2, and LR 7-1, and subject to the approval of the Court, that: -3- 1 2 3 1. All proceedings in this action shall continue to be stayed pending a final ruling in the Parties’ anticipated arbitration; 2. In the event Plaintiff does not file and initiate arbitration of the Parties’ dispute in 4 this matter before Friday March 1, 2024, then the Parties shall submit a stipulation and order 5 for dismissal without prejudice to the Court by Friday March 15, 2024; and 6 3. The Parties shall file a joint status report by Monday April 1, 2024, apprising the 7 Court as to the pendency of the arbitration proceeding, in the event this action has not otherwise 8 been dismissed. 9 10 11 Dated this 2nd day of February 2024. IT IS SO AGREED AND STIPULATED. SPENCER FANE LLP HOLLY DRIGGS By: /s/ Ayesha Mehdi Ayesha Mehdi, Esq. (NBN 13917) 300 S. Fourt Street, Suite 950 Las Vegas, NV 89101 Tel. (702) 408-3400 Email: amehdi@spencerfane.com By: /s/ Adam J. Pernsteiner F. Thomas Edwards, Esq. (NBN 9549) Adam J. Pernsteiner, Esq. (NBN 7862) 300 South Fourth Street, Suite 1600 Las Vegas, NV 89101 Email: tedwards@nevadafirm.com Email: apernsteiner@nevadafirm.com 12 13 14 15 16 17 18 Attorneys for Plaintiff Attorneys for Defendants Bulow Holdings, LLC and Ossur Americas, Inc. 19 IT IS SO ORDERED. 20 21 22 23 ____________________________________ DISTRICT COURT JUDGE February 5, 2024 DATED: ____________________________ 24 25 26 27 28 -4-

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