Kenai Drilling Limited et al v. Sun Life Assurance Company of Canada

Filing 8

ORDER Granting 7 Stipulation for Extension of Time. Sun Life Assurance Company of Canada answer due 9/16/2024. Signed by Magistrate Judge Elayna J. Youchah on 8/29/2024. (Copies have been distributed pursuant to the NEF - AMMi)

1
2
3
4
5
6
7
8

10
11
12
10801 W. Charleston Blvd., Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

9

Ann-Martha Andrews
Nevada Bar No. 7585
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Esplanade Center III
2415 East Camelback Road, Suite 800
Phoenix, AZ 85016
Telephone: [phone]
Fax: [phone]
Molly M. Rezac
Nevada Bar No. 7435
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
10801 W. Charleston Blvd., Suite 500
Las Vegas, NV 89135
Telephone: [phone]
Fax: [phone]
Attorneys for Sun Life Assurance Company
of Canada

13

UNITED STATES DISTRICT COURT

14

FOR THE DISTRICT OF NEVADA

15
16
17

KENAI DRILLING LIMITED, a Delaware,
Case No.: 2:24-cv-01559-CDS-EJY
Corporation, and KENAI DRILLING LIMITED
EMPLOYEE BENEFIT PLAN,

18
19
20
21
22

Plaintiffs,

STIPULATION AND ORDER TO
EXTEND TIME FOR DEFENDANT
SUN LIFE ASSURANCE COMPANY
OF CANADA TO FILE AN ANSWER
OR OTHERWISE PLEAD

vs.
SUN LIFE ASSURANCE COMPANY OF
CANADA,
Defendant.

FIRST REQUEST

23

Pursuant to Local Rules IA 6-1 and IA 602, Defendant Sun Life Assurance Company of

24

Canada (“Sun Life”) and Kenai Drilling Limited, by and through their undersigned counsel, hereby

25

stipulate and agree that Sun Life shall have up to and including September 16, 2024 to file a

26

response to Plaintiff’s Petition to Compel Arbitration. The present deadline for Defendant to file

27

their response is August 30, 2024. The parties initially filed a Stipulation and Order to Extend

28

Time to Respond to Plaintiff’s Complaint on August 28, 2024. ECF No. 5. However, that

-1-

Stipulation was denied because it failed to set forth the parties’ reasons for the extension. ECF No.

2

6. The parties now re-submit this Stipulation complying with the local rules and providing the

3

reasons for the extension as set forth below. While this is the second Stipulation submitted for the

4

extension, the requested extension is the same and this amended Stipulation is the parties’ first

5

request for an extension of time for Defendant to file their response.

6

In support of this Stipulation, the parties state as follows:

7

1.

This is a claim for long-term disability benefits under a group long-term disability

8

policy governed by the Employee Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et

9

seq.
2.

10

10801 W. Charleston Blvd., Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

1

Presently, the deadline for Sun Life to answer or otherwise respond to Plaintiff’s

11

Complaint is August 30, 2024, which is seven days after Sun Life filed its Notice to Removal

12

(Doc. 1).

13

3.

Ann-Martha Andrews was out of the office on a planned vacation for most of the

14

weeks of August 12th and August 19th, with out of state travel through August 23. Additionally,

15

Ms. Andrews is traveling today for a medical appointment out of state, with return travel on

16

August 30, 2024.

17

4.

18

the client, and prepare the responsive pleading.
5.

19
20

Sun Life’s counsel requires additional time to obtain and review the file, confer with

Because this case is subject to ERISA, to be decided on the administrative record,

the proposed extension will not materially delay the resolution of this matter.

21

6.

On August 29, 2024, counsel for Plaintiff consented to the relief requested.

22

7.

This Stipulation is filed before the response to the Petition is due and is filed in

23

good faith and not for the purpose of unwarranted delay.

24

///

25
26

///

27
28

///

-2-

1
2
3

The parties respectfully request that the Court enter an order granting until September 16,
2024 for Sun Life to file an Answer or otherwise respond to the Petition.
DATED this 29th day of August, 2024.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.

4
5
6

/s/ Molly M. Rezac
Ann-Martha Andrews
Nevada Bar No. 7585
Esplanade Center III
2415 East Camelback Road, Suite 800
Phoenix, AZ 85016

7
8

Molly M. Rezac
Nevada Bar No. 7435
10801 W. Charleston Blvd., Suite 500
Las Vegas, NV 89135

10
11
12
10801 W. Charleston Blvd., Suite 500
Las Vegas, NV 89135
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

9

Attorneys for Sun Life Assurance Company
of Canada

13
14

MARQUIS AURBACH

15
/s/ W. Reese Levins
Christian T. Balducci, Esq.
Nevada Bar No. 12688
W. Reese Levins, Esq.
Nevada Bar No. 15951
10001 Park Run Drive
Las Vegas, Nevada 89145

16
17
18
19

Attorneys for Kenai Drilling Limited and Kenai
Limited Employee Benefit Plan

20
21
22
23
24
25
26

IT IS SO ORDERED:
_____________________________________
ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE
DATED: August 29, 2024

27
28

-3-