Childress v. Nationwide Mutual Insurance Company et al

Filing 41

STIPULATED ORDER by Magistrate Judge William P. Lynch finding as moot 34 Motion to Quash; denying #23 Motion for Summary Judgment; finding as moot #24 Motion to Compel. The parties have agreed to the above dispositions for these three motions. (mej)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

SID CHILDRESS,
Plaintiff,
vs.

Case No. 1:17-cv-00261-RJ-WPL

NATIONWIDE MUTUAL INSURANCE
COMPANY and NATIONWIDE SALES
SOLUTIONS INC.,
Defendants.

STIPULATED ORDER ON PENDING MOTIONS
As shown by the respective approvals of counsel for the parties appearing below, the
parties have agreed and stipulated to this Order resolving all pending motions on the terms set
forth in this Order.
Plaintiff filed a First Motion for Summary Judgment, Doc. 23, on 6/5/17. Defendants
filed their Opposition to that motion, Doc. 37, on 7/18/17.

In their Opposition, Defendants

withdrew their “Seventh and Eighth Defenses” that were a subject of Plaintiff’s motion,
reserving the right to assert such defenses in other litigation matters or in this case if the posture
of this case materially changes. On those conditions Plaintiff has agreed his First Motion for
Summary Judgment may be denied at this time. IT IS SO ORDERED.
Plaintiff filed a First Motion to Compel Discovery, Doc. 24, on 6/5/17. Defendants
filed their Opposition to that motion, Doc. 38, on 7/18/17.

Plaintiff has agreed that his First

Motion to Compel Discovery may be denied as moot at this time, but that such denial of the
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motion is without waiver of any of the discovery the subject of that motion and is without
prejudice to Plaintiff should the need to revisit any issue the subject of that motion arise in the
future in this matter.

IT IS SO ORDERED.

Defendants filed their Motion to Quash Subpoena to Non-Party Datalot Inc., Doc 34, on
7/5/17. Plaintiff has agreed to withdraw the subpoena to Datalot the subject of the motion, and
that he will not seek at this time the discovery the subject of the motion that is objectionable to
Defendants. Therefore the Court should deny as moot the Motion to Quash Subpoena to NonParty Datalot Inc. IT IS SO ORDERED.

_____________________________
William P. Lynch
United States Magistrate Judge

STIPULATED AND AGREED TO
By:
/s/ Sid Childress
_____________________________
Sid Childress, Lawyer
PO Box 2327
Santa Fe, NM 87504
(505) 433 - 9823
[e-mail]
Attorney for Plaintiff

by email on 8/4/17
__________________________
Sonia Martin
DENTONS US LLP
One Market Plaza, Spear Tower, 24th Fl.
San Francisco, CA 94105
(415) 267 - 4000
[e-mail]
Attorneys for Defendants

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