Sonoma Springs Limited Partnership et al v. Fidelity and Deposit Company of Maryland et al

Filing 46

ORDER granting ECF No. 44 Stipulation to Extend Time for Plaintiff to File an Opposition to Defendants' Motion to Stay Case (ECF No. 30 ). Response/Opposition due by 6/4/2018. Signed by Judge Larry R. Hicks on 5/14/2018. (Copies have been distributed pursuant to the NEF - LH)

Case 3:18-cv-00021-LRH-VPC Document 44 Filed 05/11/18 Page 1 of 3

1 HOLLEY, DRIGGS, WALCH,
FINE, WRAY, PUZEY & THOMPSON
2 JAMES W. PUZEY, ESQ.
[e-mail]
3 Nevada State Bar No. 5745
AUDREY DAMONTE, ESQ.
4 [e-mail]
Nevada State Bar No. 4244
5 800 South Meados Parkway, Suite 800
Reno, Nevada 89521
6 Attorneys for SONOMA SPRINGS
LIMITED PARTNERSHIP and
7 SONOMA SPRINGS ASSOCIATES,
LLC, Plaintiffs
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IN THE UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SONOMA SPRINGS LIMITED
12 PARTNERSHIP, a Nevada limited partnership
and SONOMA SPRINGS ASSOCIATES,
13 LLC, a Nevada limited liability company,
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STIPULATION TO EXTEND TIME TO
FILE AN OPPOSITION

Plaintiffs,
v.

(FIRST REQUEST)

FIDELITY AND DEPOSIT COMPANY OF
16 MARYLAND, a Maryland Corporation and
ZURICH AMERICAN INSURANCE
17 COMPANY OF ILLINOIS, a Maryland
Corporation and DOES 1-20, inclusive,
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Defendants.
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Case No. 3:18-cv-00021-LRH-VPC

AND ORDER THEREON

IT IS HEREBY STIPULATED by and between Plaintiffs, SONOMA SPRINGS
LIMITED PARTNERSHIP and SONOMA SPRINGS ASSOCIATES, LLC (hereinafter
collectively “Plaintiffs”), by and through their counsel of record, JAMES W. PUZEY, ESQ. and
AUDREY DAMONTE, ESQ., of HOLLEY, DRIGGS, WALCH, FINE, WRAY, PUZEY &

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THOMPSON, and Defendants, FIDELITY AND DEPOSIT COMPANY OF MARYLAND,
and ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS, (hereinafter collectively

27 “Defendants”), by and through their counsel of record DAVID W. SLAUGHTER, ESQ., of
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Case 3:18-cv-00021-LRH-VPC Document 44 Filed 05/11/18 Page 2 of 3

1 SNOW CHRISTENSEN & MARTINEAU Admitted Pro Hac Vice, and RYAN W. LEARY,
2 ESQ., of LAXALT & NOMURA, hereby stipulate as follows:
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1.

Defendants’ filed a Motion to Stay Case Pending Outcome of Litigation in

Humboldt County, Nevada and Supporting Memorandum of Points and Authorities on March 5,
2018 [ECF No. 30].

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2.

The response to the pending Motion to Stay Case Pending Outcome of Litigation

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in Humboldt County, Nevada was stayed until May 14, 2018, if, a global settlement was unable
to be reached. [ECF No. 38].

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3.

On April 30, 2018 all parties attended a global settlement in an attempt to settle

11 this case and the matter pending in the Sixth Judicial District Court of the State of Nevada:
12 Ascent Construction Inc., v. Sonoma Springs Limited Partnership, et al., Case No. CV21,053.
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4.

The reason for the extension of time in which for Plaintiffs’ to file their

14 Opposition to Defendants’ Motion is that the parties were unable to reach a settlement and
15 additional time is needed to address the issues relating to a requested stay and how it will affect
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the state court case.
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5.
Plaintiffs’ Opposition to Defendants’ Motion to Stay Case Pending Outcome of
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Litigation in Humboldt County, Nevada and Supporting Memorandum of Points and Authorities
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is currently due on May 14, 2018.
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6.
The undersigned hereby stipulate to an extension of time to and including June 4,
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22 2018, for the Plaintiffs to file their Opposition to Defendants’ Motion to Stay Case Pending
23 Outcome of Litigation in Humboldt County, Nevada and Supporting Memorandum of Points and
24 Authorities.
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Case 3:18-cv-00021-LRH-VPC Document 44 Filed 05/11/18 Page 3 of 3

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7.

That there have been no previous requests for an extension in which to file

2 Plaintiffs’ Opposition to Defendants’ Motion to Stay Case Pending Outcome of Litigation in
3 Humboldt County, Nevada and Supporting Memorandum of Points and Authorities.
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8.
That this Stipulation is not brought for the purpose of delay and counsel hereby
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certifies that this Stipulation is made with the knowledge and consent of their clients.
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HOLLEY, DRIGGS, WALCH, FINE,
SNOW, CHRISTENSEN & MARTINEAU
7 WRAY, PUZEY & THOMPSON
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_/s/ AUDREY DAMONTE, ESQ._______
JAMES W. PUZEY, ESQ.
Nevada Bar No. 5745
AUDREY DAMONTE, ESQ.
Nevada Bar No.4244
800 S. Meadows Parkway
Suite 800
Reno, Nevada 89521
Attorneys for Plaintiffs

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Dated: May 11, 2018

/s/ DAVID W. SLAUGHTER, ESQ._______
DAVID W. SLAUGHTER, ESQ.
Admitted Pro Hac Vice
10 Exchange Place, 11th Floor
Salt Lake City, Utah 84111
Attorneys for Defendants
LAXALT & NOMURA, LTD.
RYAN W. LEARY, ESQ.
9600 Gateway Drive
Reno, Nevada 89521
Attorneys for Defendants

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Dated: May 11, 2018

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ORDER
IT IS SO ORDERED., nunc pro tunc.
May
14th
DATED this ____ day of ___________, 2018.
________________________________
UNITED STATES DISTRICT JUDGE
__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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