CMFG Life Insurance Company v. Dunbar et al

Filing 17

ORDER Granting 16 Unopposed Motion for Extension of Time. Discovery Plan/Scheduling Order due by 2/3/2025. Signed by Magistrate Judge Daniel J. Albregts on 1/3/2025. (Copies have been distributed pursuant to the NEF - AMMi)

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WRIGHT, FINLAY & ZAK, LLP
Robert Riether, Esq.
Nevada Bar No. 12076
8337 W. Sunset Rd., Suite 220
Las Vegas, NV 89113
Tel.: [phone]; Fax: [phone]
[e-mail]
FAEGRE DRINKER BIDDLE & REATH LLP
Ava R. Giacobbo, Esq., admitted pro hac vice
One Logan Square, Suite 2000
Philadelphia, PA 19103
Tel: [phone]
[e-mail]
Attorneys for Plaintiff
CMFG Life Insurance Company

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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CMFG LIFE INSURANCE COMPANY,
Plaintiff,
v.
TAVARUS DUNBAR, and KEVIN
DUNBAR, JR., individually and as
representative of the Estate of Kevin Dunbar
Sr.,

Case No. Case No. 2:24-cv-01969-APG-DJA
UNOPPOSED MOTION FOR EXTENSION
OF TIME TO FILE JOINT DISCOVERY
PLAN

Defendants.
Plaintiff CMFG Life Insurance Company (“CMFG”), by and through its undersigned
attorney, hereby moves this Honorable Court an Order extending the time for the parties to file a
joint discovery plan. In support thereof, CMFG avers as follows:
1.

CMFG filed its complaint with accompanying exhibits (ECF 1) in the above-

captioned action on October 22, 2024.
2.

CMFG brings claims for declaratory relief that the subject life insurance policy and

AD&D certificate are void and for interpleader relief in the alternative. See generally ECF 1.
3.

Defendant Tavarus Dunbar, Jr. was served on November 2, 2024.

DMS_US.368443254.1

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4.

November 6, 2024. ECF 7.

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Defendant Tavarus Dunbar, Jr. answered and filed counterclaims against CMFG on

5.

Upon Tavarus Dunbar filing his answer, it appears to the parties the CM/ECF system

set a deadline of December 21, 2024, to file a joint discovery plan. Id.

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6.

Defendant Kevin Dunbar, Jr. has not yet appeared in this action. 1

7.

Accordingly, counsel for CMFG and defendant Tavarus Dunbar conferred and

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agreed it would be most efficient to file a joint discovery plan once all defendants have been served

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and appeared.

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WHEREFORE, CMFG prays for an Order permitting the parties to file a joint discovery
plan once all defendants have been served and appeared in this case.

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Dated: 01/02/2025

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WRIGHT, FINLAY & ZAK, LLP
/s/ Robert A. Riether
Robert Riether, Esq.
Nevada Bar No. 12076
8337 W. Sunset Rd., Suite 220
Las Vegas, NV 89113
Ava R. Giacobbo, admitted pro hac vice

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Attorneys for Plaintiff CMFG Life Insurance
Company

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IT IS THEREFORE ORDERED that the motion (ECF No. 16) is GRANTED. The parties
discovery plan and scheduling order is due on or before February 3, 2025.
IT IS SO ORDERED:

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UNITED
MAGISTRATE JUDGE
DANIEL STATES
J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
DATED:
DATED: 1/3/2025

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CMFG has attempted personal service on Defendant Kevin Dunbar, Jr. at two different addresses. CMFG
has also been in contact with an attorney for Kevin Dunbar, Jr. who agreed to accept service, but then
indicated he could not accept service because he was not barred in Nevada or a member of the bar for the
United States District Court for the District of Nevada. Kevin Dunbar, Jr. did not sign the waiver of service
forms. CMFG continues its attempts to serve Kevin Dunbar, Jr.

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that I am an employee of WRIGHT, FINLAY & ZAK, LLP and that

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I electronically served on the 2nd day of January, 2025, the foregoing UNOPPOSED MOTION

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FOR EXTENSION OF TIME TO FILE JOINT DISCOVERY PLAN to all parties registered

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to receive CM/ECF notification and/or by depositing a true and correct copy of the same in the U.S.

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Mail addressed as follows:
Kirk T Kennedy
Ava Rae Giacobbo

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[e-mail]
[e-mail]; [e-mail]
/s/ Tonya Sessions
An Employee of WRIGHT, FINLAY & ZAK, LLP

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DMS_US.368443254.1