Divine Wellness LLC v. NFP Property & Casualty Services Inc. et al

Filing 28

ORDER Granting 27 Stipulation for Extension of Time. Replies due by 5/15/2024. Signed by Magistrate Judge Nancy J. Koppe on 5/8/2024. (Copies have been distributed pursuant to the NEF - AMMi)

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Charles H. McCrea, Esq. (SBN #104)
PRHLAWLLC
520 South Fourth Street, Suite 360
Las Vegas, Nevada 89101
T 702.834.6166
[e-mail]
Jennifer H. Chung, Esq.*
MCDOWELL HETHERINGTON LLP
1001 Fannin St., Suite 2400
Houston, Texas 77002
T: [phone] | F: [phone]
[e-mail]
*Admitted pro hac vice
Attorneys for Defendant NFP
PROPERTY & CASUALTY
SERVICES, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DIVINE WELLNESS, LLC, a Nevada
Limited Liability Company, d/b/a
ELEVATED SAUNA &
CRYOTHERAPY STUDIO,
Plaintiff,

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v.

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NFP PROPERTY & CASUALTY
SERVICES, INC., a foreign corporation;
and TRANSPORTATION INSURANCE
COMPANY, a foreign business entity.

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Defendants.

Case No. 2:23-cv-01828-JCM-NJK
STIPULATION AND ORDER TO
EXTEND DEADLINE FOR
DEFENDANT NFP PROPERTY &
CASUALTY SERVICES, INC. TO FILE
REPLY IN SUPPORT OF ITS MOTION
TO STAY DISCOVERY PENDING
RESOLUTION OF ITS MOTION TO
DISMISS AND MOTION TO STAY
CASE PENDING UNDERLYING STATE
COURT ACTION [ECF NO. 22]
(FIRST REQUEST)

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Plaintiff Divine Wellness, LLC d/b/a Elevated Sauna & Cryotherapy Studio

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(“Plaintiff”) and Defendants NFP Property & Casualty Services, Inc. (“NFP”) and

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Transportation Insurance Company (“Transportation”) (collectively the “Parties”), by and

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through their respective undersigned counsel, hereby stipulate and agree to extend the

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deadline for NFP to file its reply in support of its Motion to Stay Discovery Pending

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Resolution of its Motion to Dismiss and Motion to Stay Case Pending Underlying State

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Court Action, filed on April 17, 2024, as follows:

Case No. 2:23-cv-01828-JCM-NJK
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STIPULATION AND ORDER TO EXTEND DEADLINE FOR NFP PROPERTY & CASUALTY SERVICES, INC. TO
FILE REPLY IN SUPPORT OF ITS MOTION TO STAY DISCOVERY AND MOTION TO STAY CASE

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On April 17, 2024, NFP filed its Motion to Stay Discovery Pending Resolution of

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its Motion to Dismiss and Motion to Stay Case Pending Underlying State Court Action on

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April 17, 2024. [ECF No. 22.]

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On May 1, 2024, Plaintiff filed its “Opposition” to NFP’s Motion to Stay Discovery

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Pending Resolution of its Motion to Dismiss and Motion to Stay Case Pending Underlying

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State Court Action. [ECF No. 24.]

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On May 2, 2024 Transportation a Joinder to NFP’s Motion to Stay Discovery

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Pending Resolution of its Motion to Dismiss and Motion to Stay Case Pending Underlying

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State Court Action. [ECF No. 26.]

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NFP’s current deadline to file a Reply is May 8, 2024.

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NFP requires additional time in order to file its Reply to evaluate Plaintiff’s

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arguments and due to schedules and other deadlines.

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The Parties therefore stipulate and agree to extend the deadline for NFP to file its

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reply in support of its Motion to Stay Discovery Pending Resolution of its Motion to

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Dismiss and Motion to Stay Case Pending Underlying State Court Action until and through

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May 15, 2024.

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Case No. 2:23-cv-01828-JCM-NJK
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STIPULATION AND ORDER TO EXTEND DEADLINE FOR NFP PROPERTY & CASUALTY SERVICES, INC. TO
FILE REPLY IN SUPPORT OF ITS MOTION TO STAY DISCOVERY AND MOTION TO STAY CASE

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This is NFP’s first request for an extension. This stipulation is made in good faith
and not to delay the proceedings.
DATED this 7th day of May 2024.

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JUDD J. BALMER, ESQ., LTD.

PRHLAWLLC

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By: /s/Judd J. Balmer
Judd J. Balmer, Esq.
170 S. Green Valley Parkway, Suite 300
Henderson, Nevada 89012

By: /s/Charles H. McCrea
Charles H. McCrea, Esq. (SBN #104)
520 South Fourth Street, Suite 360
Las Vegas, Nevada 89101

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Attorney for Plaintiff

MCDOWELL HETHERINGTON LLP
Jennifer H. Chung, Esq.*
1001 Fannin Street, Suite 2400
Houston, Texas 77002

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LITCHFIELD CAVO LLP
By: /s/Thomas E. McGrath
Thomas E. McGrath, Esq.
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169

*Admitted pro hac vice
Attorneys for Defendant NFP Property &
Casualty Services, Inc.

Attorney for Defendant Transportation
Insurance Company

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
DATED: May 8, 2024

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Case No. 2:23-cv-01828-JCM-NJK
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STIPULATION AND ORDER TO EXTEND DEADLINE FOR NFP PROPERTY & CASUALTY SERVICES, INC. TO
FILE REPLY IN SUPPORT OF ITS MOTION TO STAY DISCOVERY AND MOTION TO STAY CASE