Melchiorre v. Caimi et al

Filing 17

ORDER granting #15 Stipulation to Amend Defendant KO Transportation, Inc.'s Answer and Affirmative Defenses to Plaintiff's Complaint. Signed by Magistrate Judge Daniel J. Albregts on 9/24/2024. (Copies have been distributed pursuant to the NEF - MAM)

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CHRISTINE M. BOOZE
Nevada Bar No. 7610
WINNER & BOOZE
1117 South Rancho Drive
Las Vegas, Nevada 89102
Phone [phone]
Facsimile [phone]
[e-mail]
Attorney for KO Transportation, Inc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
RICHARD MELCHIORRE, an individual,
Plaintiff,

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vs.

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CHASE MICHAEL CAIMI, an individual; KO
TRANSPORTATION, INC., a Utah
Corporation; DOES 1 through 10, inclusive; and
ROE BUSINESS ENTITIES 1 through 10,
inclusive,

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STIPULATION AND ORDER TO
AMEND DEFENDANT KO
TRANSPORTATION, INC.’S
ANSWER AND AFFIRMATIVE
DEFENSES TO PLAINTIFF’S
COMPLAINT

Defendants.

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CASE NO. 2:24-cv-01411-CDS-DJA

Defendant KO TRANSPORTATION, INC., by and through its counsel of record, the law
firm WINNER & BOOZE, and Plaintiff RICHARD MELCHIORRE, by and through his counsel of
record, the firm RALPH A. SCHWARTZ, P.C., respectfully submit the following stipulation and
order to amend Defendant KO TRANSPORTATION, INC.’s Answer and Affirmative Defense to
Plaintiff’s Complaint to assert a demand for jury trial.
I.

INTRODUCTION
This case involves a motor vehicle incident that took place on February 1, 2023, in the

County of Clark, State of Nevada, wherein plaintiff RICHARD MELCHIORRE claims he sustained
injuries in excess of $75,000.00, exclusive of interest and costs. Plaintiff filed a Complaint in the
Eighth Judicial District Court for the State of Nevada, in and for Clark County, on June 26, 2024.
The case is identified as Case Number A-24-896242-C. On or around August 1, 2024, defendant
KO Transportation, Inc. filed its Petition for Removal in the United States District Court, District of
Nevada, based on diversity jurisdiction. On or about August 1, 2024, Defendant KO Transportation,

535-9054

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Inc. filed its answer to plaintiff’s complaint in the United States District Court, District of Nevada.

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On or about August 16, 2024, defendant KO Transportation, Inc. filed its Statement Regarding

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Removal in this Court. The parties held a conference pursuant to Fed. R. Civ. P. 26(f) on August

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30, 2024, and will prepare a stipulated discovery plan and scheduling order for this Honorable

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Court’s review.

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II.

REASONS WHY DEFENDANT KO TRANSPORTATION, INC.’S ANSWER
AND AFFIRMATIVE DEFENSES SHOULD BE AMENDED

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The parties hereby stipulate that Defendant KO TRANSPORTATION, INC.’s Answer and

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Affirmative Defenses be amended to include a demand for jury trial. This request is being timely

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submitted, and no trial date and been set in this instant litigation.
DATED this 20th day of September, 2024.

DATED this 20th day of September, 2024.

WINNER & BOOZE

RALPH A. SCHWARTZ, P.C.

By:_________________________________
Christine M. Booze
Nevada Bar No. 7610
1117 South Rancho Drive
Las Vegas, Nevada 89102
Attorney for Defendant
KO Transportation, Inc

/s/ Ralph A. Schwartz
By:_________________________________
Ralph A. Schwartz
Nevada Bar No. 5488
400 South Seventh Street, Suite 100
Las Vegas, Nevada 89101
Attorney for Plaintiff Richard Melchiorre

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ORDER
IT IS THEREFORE ORDERED that the parties' stipulation (ECF No. 15) is GRANTED.
Defendant must file and serve the amended pleading as required by Local Rule 15-1(b).
DATED: 9/24/2024

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UNITED STATES MAGISTRATE JUDGE
__________________________________
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE

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535-9054

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CHRISTINE M. BOOZE
Nevada Bar No. 7610
WINNER & BOOZE
1117 South Rancho Drive
Las Vegas, Nevada 89102
Phone [phone]
Facsimile [phone]
[e-mail]

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Attorney for KO Transportation, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RICHARD MELCHIORRE, an individual,
Plaintiff,

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vs.

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CHASE MICHAEL CAIMI, an individual; KO
TRANSPORTATION, INC., a Utah
Corporation; DOES 1 through 10, inclusive; and
ROE BUSINESS ENTITIES 1 through 10,
inclusive,

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CASE NO. 2:24-cv-01411-CDS-DJA
DEFENDANT KO
TRANSPORTATION, INC.’S
APPENDIX OF EXHIBITS TO
STIPULATION TO AMEND
ANSWER AND AFFIRMATIVE
DEFENSES TO PLAINTIFF’S
COMPLAINT

Defendants.

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Exhibit

Document Description or Title

Exhibit A

Defendant KO Transportation, Inc.’s
(Proposed) Amended Answer

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Page 1 of 1
011-9019

Exhibit “A”