Sternfels v. Mutual of Omaha Insurance Company et al

Filing 7

ORDER Granting 6 Stipulation to File Second Amended Complaint and Related Relief. Amended Complaint deadline: 2/11/2025 Answer due by 02/28/2025. Signed by Magistrate Judge Brenda Weksler on 1/29/2025. (Copies have been distributed pursuant to the NEF - JG)

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1 2 3 4 KIRK T. KENNEDY, ESQ. Nevada Bar No: 5032 815 S. Casino Center Blvd. Las Vegas, NV 89101 (702) 385-5534 email: ktkennedylaw@gmail.com Attorney for Plaintiff 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRADLEY STERNFELS, ) ) Plaintiff, ) ) vs. ) ) MUTUAL OF OMAHA INSURANCE ) COMPANY; a foreign corporation; ) UNITED OF OMAHA LIFE INSURANCE ) COMPANY; a foreign corporation; ) DOES I through X, inclusive, ) ROE CORPORATIONS 1-10, inclusive, ) ) Defendants. ) ___________________________________ ) 2:25-cv-00112-JAD-BNW STIPULATION TO FILE SECOND AMENDED COMPLAINT AND RELATED RELIEF IT IS HEREBY STIPULATED AND AGREED by and between the Plaintiff, BRADLEY STERNFELS, by and through his undersigned counsel, KIRK T. KENNEDY, ESQ., and the Defendants, MUTUAL OF OMAHA INSURANCE COMPANY and UNITED OF OMAHA LIFE INSURANCE COMPANY, by and through their undersigned counsel, NICOLE G. TRUE, ESQ., that the parties stipulate as follows: 1. The Plaintiff shall be allowed to file a second amended complaint to more properly allege a claim pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), in light of the Defendants’ removal of this matter to federal court and the application of ERISA to the Plaintiff’s factual allegations; 2. The Plaintiff shall remove the Defendant Mutual of Omaha Insurance Company as a 1 party to this matter in the second amended complaint; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3. The Plaintiff’s second amended complaint shall be due for filing no later than February 11, 2025; and 4. The Defendants shall have until February 28, 2025, to file any responsive pleading to the second amended complaint (which vacates the Court’s current order of ECF 5 regarding the present due date for the Defendants’ responsive pleading of February 5, 2025). This Stipulation is entered between the parties for good cause and for purposes of judicial economy to clarify the nature of Plaintiff’s claims and allow the Defendants sufficient time to respond. /s/Kirk T. Kennedy KIRK T. KENNEDY, ESQ. Nevada Bar No: 5032 815 S. Casino Center Blvd. Las Vegas, NV 89101 (702) 385-5534 Attorney for Plaintiff /s/Nicole G. True NICOLE G. TRUE, ESQ. Nevada Bar No: 12879 Womble Bond Dickinson (US) LLP 201 E. Washington St., Ste. 1200 Phoenix, AZ 85004 (602) 262-5311 Attorney for Defendants Dated: 1/28/25 Dated: 1/28/25 16 17 ORDER 18 IT IS SO ORDERED. 19 Dated this ___ 29 day of January, 2025. 20 ________________________________________ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 Submitted by: /s/Kirk T. Kennedy KIRK T. KENNEDY, ESQ. Nevada Bar No: 5032 Attorney for Plaintiff 26 27 28 2

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