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)

Case 2:24-cv-00197-RFB-DJA Document 5 Filed 02/02/24 Page 1 of 2

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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: [phone]
Fax: [phone]
E-mail:[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
Genworth Life Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BARBARA A. SWYHART, an individual,
Plaintiff,

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v.

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GENWORTH LIFE INSURANCE CO. f/k/a
GENERAL ELECTRIC CAPITAL
ASSURANCE COMPANY, a Virginia
Corporation, DOES I through X, ROE
CORPORATIONS I through X,

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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.

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Plaintiff Barbara A. Swyhart (“Swyhart”) and Defendant Genworth Life Insurance Company

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(“Genworth”) by and through their respective counsel of record, and pursuant to Local Rules IA 6-1,

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and 6-2, and Federal Rules of Civil Procedure (“FRCP”) Rule 6, hereby stipulate and agree as follows:

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WHEREAS, Swyhart filed her complaint on December 7, 2023 (the “Complaint”);

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WHEREAS, Swyhart served the Complaint on January 8, 2023;

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WHEREAS, Genworth filed its Notice of Removal on January 29, 2024, which renders

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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;

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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

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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;

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WHEREAS, Swyhart and Genworth agree that the brief extension for Genworth’s response

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to the Complaint will not materially impact this matter, but will instead allow Genworth the requisite

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time to obtain the documents and information necessary to substantively respond to the Complaint;

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WHEREAS, FRCP Rule 6(b) requires Court approval of a request for an extension of time,

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provided good cause showing and, therefore, Swyhart and Genworth collectively request the Court

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approve the stipulation, and HEREBY STIPULATE AND AGREE as set forth below:

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a. This is the Parties’ first stipulation for an extension of time to respond to the Complaint;

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b. The Parties stipulate and agree that the deadline for Genworth to file an answer or

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otherwise respond to the Complaint shall be extended to March 6, 2024; and

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c. This stipulation is made in god faith and not made for purposes of delay.

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IT IS SO STIPULATED

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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

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED:

2/5/2024

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DM1\14980441.1 J1214/00001

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STIPULATION FOR EXTENSION