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)

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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 1 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 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 Attorneys for Defendants 2

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