Swyhart v. Genworth Life Insurance Company

Filing 6

ORDER granting 5 Stipulation FOR EXTENSION OF TIME FOR DEFENDANT GENWORTH LIFE INSURANCE COMPANY TO RESPOND TO PLAINTIFFS COMPLAINT (FIRST REQUEST). Genworth Life Insurance Company answer due 3/6/2024. Signed by Magistrate Judge Daniel J. Albregts on 2/5/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Case 2:24-cv-00197-RFB-DJA Document 5 Filed 02/02/24 Page 1 of 2 1 2 3 4 5 6 7 8 Dominica C. Anderson (SBN 2988) Daniel B. Heidtke (SBN 12975) Ely Markarian (SBN 16108) DUANE MORRIS LLP 100 North City Parkway, Suite 1560 Las Vegas, NV 89106-4617 Telephone: 702 868 2600 Fax: 702 385 6862 E-mail:dcanderson@duanemorris.com dbheidtke@duanemorris.com emarkarian@duanemorris.com Attorneys for Defendant Genworth Life Insurance Company 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 BARBARA A. SWYHART, an individual, Plaintiff, 12 13 v. 14 GENWORTH LIFE INSURANCE CO. f/k/a GENERAL ELECTRIC CAPITAL ASSURANCE COMPANY, a Virginia Corporation, DOES I through X, ROE CORPORATIONS I through X, 15 16 17 Civil Action No.: 2:24-cv-00197-RFB-DJA STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME FOR DEFENDANT GENWORTH LIFE INSURANCE COMPANY TO RESPOND TO PLAINTIFF’S COMPLAINT (FIRST REQUEST) Defendants. 18 19 Plaintiff Barbara A. Swyhart (“Swyhart”) and Defendant Genworth Life Insurance Company 20 (“Genworth”) by and through their respective counsel of record, and pursuant to Local Rules IA 6-1, 21 and 6-2, and Federal Rules of Civil Procedure (“FRCP”) Rule 6, hereby stipulate and agree as follows: 22 WHEREAS, Swyhart filed her complaint on December 7, 2023 (the “Complaint”); 23 WHEREAS, Swyhart served the Complaint on January 8, 2023; 24 WHEREAS, Genworth filed its Notice of Removal on January 29, 2024, which renders 25 26 27 February 5, 2024, as Genworth’s deadline to respond, pursuant to FRCP 81(c)(2)(C); WHEREAS, Genworth has requested, and Swyhart has agreed to, an extension of time to file an answer or otherwise respond to the Complaint; 28 DM1\14980441.1 J1214/00001 STIPULATION FOR EXTENSION Case 2:24-cv-00197-RFB-DJA Document 5 Filed 02/02/24 Page 2 of 2 1 2 WHEREAS, Swyhart and Genworth have agreed that Genworth may file its answer or otherwise respond to the Complaint on or before Wednesday, March 6, 2024; 3 WHEREAS, Swyhart and Genworth agree that the brief extension for Genworth’s response 4 to the Complaint will not materially impact this matter, but will instead allow Genworth the requisite 5 time to obtain the documents and information necessary to substantively respond to the Complaint; 6 WHEREAS, FRCP Rule 6(b) requires Court approval of a request for an extension of time, 7 provided good cause showing and, therefore, Swyhart and Genworth collectively request the Court 8 approve the stipulation, and HEREBY STIPULATE AND AGREE as set forth below: 9 a. This is the Parties’ first stipulation for an extension of time to respond to the Complaint; 10 b. The Parties stipulate and agree that the deadline for Genworth to file an answer or 11 otherwise respond to the Complaint shall be extended to March 6, 2024; and 12 c. This stipulation is made in god faith and not made for purposes of delay. 13 IT IS SO STIPULATED 14 15 16 17 18 THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER, PC DUANE MORRIS LLP By: /s/ Kevin R. Diamond Kevin R. Diamond (SBN 4967) By: /s/ Dominica C. Anderson Dominica C. Anderson (SBN 2988) Attorneys for Plaintiff Barbara A. Swyhart Attorneys for Defendant Genworth Life Insurance Company 19 20 IT IS SO ORDERED: 21 22 UNITED STATES MAGISTRATE JUDGE 23 DATED: 2/5/2024 24 25 26 27 28 DM1\14980441.1 J1214/00001 2 STIPULATION FOR EXTENSION

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