Argonaut Insurance Company v. Paysign, Inc. et al

Filing 27

ORDER Granting 26 Stipulation for Extension of Time to Respond to 1 Complaint. Answers due 1/15/2024. Signed by Magistrate Judge Nancy J. Koppe on 11/15/2023. (Copies have been distributed pursuant to the NEF - AMMi)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 ARGONAUT INSURANCE COMPANY, Case No. 2:23-cv-00713-RFB-NJK ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT Plaintiff vs. PAYSIGN, INC., MARK R. NEWCOMER, 15 MARK ATTINGER, DANIEL R. HENRY, JOAN M. HERMAN, BRUCE A. MINA, 16 DANIEL H. SPENCE, DENNIS TRIPLETT, and QUINN WILLIAMS, 17 Defendants 18 (Sixth Request) 19 20 21 22 23 24 25 26 27 28 1 1 Pursuant to LR IA 6-1 and LR 7-1, the parties, through their respective counsel, stipulate 2 to extend the time for Defendants to file their response to Plaintiff’s Complaint for Declaratory 3 Relief (ECF No. 1). The parties submit that good cause exists for this stipulation based on the 4 following: 5 1. Plaintiff filed its Complaint on May 5, 2023 (ECF No. 1). 6 2. The Complaint was served on defendant Paysign, Inc. on or about June 7, 2023. 7 3. Subsequent to this initial service, attorney Brian G. Friel, who represents Paysign, 8 Inc., advised that his office will be among the attorneys representing all Defendants, and agreed to 9 accept service of the Complaint on behalf of all remaining unserved Defendants. 10 4. As part of this procedural cooperation between the parties, the parties initially 11 agreed that all Defendants will have until July 28, 2023 to respond to the Complaint, and the parties 12 submitted a stipulation to this effect (ECF No. 17). 13 5. Since that time, the parties have been actively engaged in discussions regarding 14 the merits of the issues raised in the Complaint in an attempt to avoid the time and expense of further 15 litigation. To facilitate these ongoing discussions, the parties agreed that an additional 30-day 16 extension for Defendants to respond to the Complaint would be mutually beneficial. The parties 17 stipulated to this extension, which provided Defendants with an extension to respond to the 18 Complaint to August 28, 2023. (ECF No. 19). For these same reasons, the parties agreed to three 19 further additional 30-day extensions for Defendants to respond to the Complaint. (ECF Nos. 21, 22 20 and 25). The current response deadline is November 27, 2023. (ECF No. 25). 21 6. The parties continue to actively engage in settlement discussions, and have 22 enlisted the assistance of a mediator. These discussions involve three different related cases. 23 However, an agreement has not yet been reached. The parties agree that an additional 45-day 24 extension will be mutually beneficial to continue to facilitate the ongoing settlement dialogue, as 25 well as to provide additional time to account for the upcoming November, December and January 26 holidays. The parties therefore agree and respectfully submit that good cause exists for an additional 27 45-day extension, or to January 15, 2024, for Defendants to respond to the Complaint. 28 2

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