Jamil et al v. Ali et al

Filing 12

ORDER Granting #11 Stipulation for Dismissal with Prejudice and Agreement for Private Binding Arbitration. This action is dismissed with prejudice. Signed by Judge Gloria M. Navarro on 8/29/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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CHARLES S. JACKSON, ESQ.
Nevada Bar No. 13158
RICHARD HARRIS LAW FIRM
801 South Fourth Street
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MUHAMMAD JAMIL, an individual;
VAIBHAV PATEL, an individual;
ABDULLAH ALNOMAN, an individual;
and, MOHAMMED ALI, an individual
Plaintiffs,
vs.

CASE NO.: 2:24-CV-01201 *011-.
STIPULATION AND ORDER FOR
DISMISSAL WITH PREJUDICE AND
AGREEMENT FOR PRIVATE BINDING
ARBITRATION

RASIER, LLC., a Foreign Limited Liability
Corporation; DOE DRIVER; DOES 1-20 and
ROE BUSINESS ENTITIES 1-20, inclusive,
Defendants.

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This Stipulation and Order of Dismissal and Agreement for Private and Binding Arbitration

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(hereinafter “Agreement”) is entered into by Plaintiffs, MUHAMMAD JAMIL, VAIBHAV PATEL,

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ABDULLAH ALNOMAN AND MOHAMMED ALI (“Plaintiffs”), and Defendant RAISER, LLC

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(“Defendant”), (collectively referred to as the “Parties”), as an alternative method of resolving a

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dispute that has allegedly arisen from a May 30, 2022 automobile accident and subsequent claims
handling, which culminated in a lawsuit styled Muhammad Jamil, Vaibhav Patel, Abdullah Alnoman
and Mohammed Ali v. Raiser, LLC, currently pending in the United States District Court, District of

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Nevada, Case No. 2:24-CV-01201. Plaintiff is represented by Charles S. Jackson, Esq. of the

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RICHARD HARRIS LAW FIRM and Defendant is represented by David M. Sexton, Esq. of HALL

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& EVENS, LLC.

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The following terms and conditions of this Agreement will become effective upon the
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signature by the Parties and the execution and filing of the same by this Court.
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To resolve all disputes and controversies between the Parties arising out of and

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relating to the subject automobile accident and subsequent claims handling, the Parties have agreed

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to place this matter into private binding arbitration with the Honorable Abbi Silver.

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2.

For an in consideration of the mutual covenants and promises made herein, the Parties

enter into this Agreement and agree to be bound by its terms as fully stated herein.
3.

The parties agree that the arbitration shall be binding and shall be the sole and final

resolution and adjudication of Plaintiffs’ claims against Defendant, which is any way arise out of or

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relate to the May 30, 2022, accident and any claims handling or claims decision making. This clause

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and mutual promise are of the essence to this Agreement. The arbitrator’s decision and award shall

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be the sole basis for recovery on these claims and shall be final and binding. The Parties agree that

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there shall be no right of appeal of the arbitrator’s decision to any trial court, court of appeals, the

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Nevada Supreme Court, or to any other court, forum, person or entity, or the arbitrator himself.
Likewise, the Parties agree that there shall be no right to submit a Motion for Reconsideration or
similar or equivalent motion or request to the arbitrator.
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The arbitrator will only be asked to resolve the issue of Plaintiff’s legal entitlement,

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if any, subject to all terms, conditions, and offsets under the policy of law. In other words, the

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arbitrator shall determine fault for the accident (and apportion it appropriately if necessary), and the

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extent of Plaintiffs’ damages by placing a fair and equitable total value (which includes medical
specials, income loss, and other special damages and general damages) on the Plaintiffs’ claims, and

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the application of any of the policy terms, offsets, conditions and exclusions, if applicable. The
arbitrator will not be asked to and will not consider any alleged claims handling/decision-making

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issues or liability for extra-contractual claims including but mot limited to, breach of implied

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covenant of good faith and fair dealing, statutory claims handling violations or liability for punitive

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or other extra-contractual damages, as such extra-contractual claims and damages, have been and
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are expressly waived by Plaintiffs and dismissed with prejudice by this Agreement.

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The parties will jointly select a single arbitrator to serve as the arbitrator of this case.

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Plaintiffs, through this Agreement, agree to dismiss the present lawsuit with prejudice

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that is currently on file in the United Stated District Court, District to Nevada, with each party to

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bear its own fees and costs.

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The Parties shall advise the arbitrator of an agreement for binding arbitration and

proceed in a manner that is agreeable to the Parties and the arbitrator. The Parties shall be allowed
to conduct any reasonable discovery permitted under the Nevada Rules of Civil Procedure. The

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arbitrator shall resolve any and all discovery disputes, including the scope of permitted discovery.

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Subpoenas can be issued and enforced pursuant to NRS 38.233. Arbitration briefs and exhibits are

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to be submitted in accordance with the instructions and desires of the arbitrator.

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10.

The arbitrator shall be given discretion to conduct the arbitration hearing in an

decision. The parties may submit, and the arbitrator may consider written expert reports consistent
with the format requirements of Nev. R. Civ. P. 26(a)(2) in lieu of live expert testimony.
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The arbitrator shall not be permitted to make an award of attorney’s fees, legal costs,

or interest to any party. An Offer of Judgment will have no effect.

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The arbitration hearing will be held at a mutually agreed upon date.

informal and expeditious manner allowing for such testimony or evidence as is needed to reach a

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9.

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Payments of the sum awarded, as limited by the parameters set forth herein, shall be

made no later than 20 days after service of the arbitrator’s decision.

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14.

The parties agreed to equally share and pay for the arbitrator’s fees and costs.

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This Agreement is binding on the Parties, their heirs, executors, administrators,

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personal representatives, legal representatives, and other such persons or entities.

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Page 3 of 4

From:
To:
Cc:
Subject:
Date:
Attachments:

Sexton, David M.
Mary Eagar; Bonds, Kurt R.
Charlie Jackson
RE: Jamil et al v. Raiser, LLC / Case 2:24-cv-01201-GMN-NJK
Wednesday, August 28, 2024 4:28:29 PM
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Hi Mary,
Thanks for following up. The SAO is approved. Please use Kurt’s e-signature and submit to the Court.
Best,

David M. Sexton | Senior Associate
[e-mail]
Tel: [phone]
Hall & Evans, LLC
1160 North Town Center Drive, Suite 330
Las Vegas, NV 89144

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From: Mary Eagar <[e-mail]>
Sent: Wednesday, August 28, 2024 4:22 PM
To: Sexton, David M. <[e-mail]>; Bonds, Kurt R. <[e-mail]>
Cc: Charlie Jackson <[e-mail]>
Subject: RE: Jamil et al v. Raiser, LLC / Case 2:24-cv-01201-GMN-NJK

Good afternoon:
Following up on the SAO for Arbitration. Did you have a chance to review it with your client
so we can get it filed?
Thanks,
Mary Eagar
Paralegal