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Lee v. Marten Transport, Ltd.

United States District Court, D. Nevada

April 14, 2017

STEVEN C. LEE, Individually, and as Special Administrator for the Estate of TRINH M. DUONG, ARDI LY, Individually, as Special Administrator for the Estate of DUONG CHI LY, also known as KEN LY, AUSTEN ANDREW LEE, BENJAMIN ALLEN LEE, NATHAN LY, a minor, and ERIN LY, a minor by and through their parent, ARDI LY Plaintiffs,
v.
MARTEN TRANSPORT, LTD., a foreign corporation, LOUIS M. PLASCENCIA, and DOES I through XXX, inclusive Defendants.

          THE HUNT LAW GROUP, LLC BRIAN H. MYERS, ESQ. (Pro Hac Vice) BRIAN J. HUNT, ESQ. (Pro Hac Vice) Attorneys for Defendants, Marten Transport, Ltd., and Louis Plascencia

          LAW OFFICES OF BRADLEY ELLEY BRADLEY PAUL ELLEY, ESQ. Attorney for Plaintiffs

          ALVERSON TAYLOR MORTENSEN & SANDERS JONATHAN B. OWENS, ESQ.

          LAW OFFICES OF WILLIAM E. WEISS WILLIAM E. WEISS, ESQ. Attorney for Plaintiffs

          STIPULATION TO RE-FILE MOTIONS FOR SUMMARY JUDGMENT REGARDING PUNITIVE DAMAGES AND EXTEND BRIEFING SCHEDULE

         IT IS HEREBY STIPULATED AND AGREED, by Plaintiffs and Defendants, through their undersigned counsel, that the Defendants be granted an extension until April 11, 2017 to re-file their Motions for Summary Judgment regarding Punitive Damages (Docket Numbers 55 and 57) to comply with this Honorable Court's Local Rules pertaining to page limits, and to extend the briefing schedule with respect to those motions. In support of their stipulations, the parties state as follows:

         INTRODUCTION

         On August 23, 2016, this Honorable Court entered an order granting the parties' Stipulation to Extend Discovery Deadlines. (Doc. No. 27.) Pursuant to the August 23, 2016 Stipulation and Order, the deadline for filing dispositive motions was extended for the first time from December 14, 2016, to March 14, 2017.

         On March 14, 2017, both plaintiffs and defendants filed dispositive motions. Specifically, the plaintiffs filed a motion for partial summary judgment on the issues of willful and wanton conduct and the defendants' affirmative defenses and counterclaim for contribution. (Doc. No. 53.) The defendants filed three motions for summary judgment with respect to the following: (1) the plaintiffs' intentional infliction of emotional distress claims (Doc. No. 56); (2) the plaintiffs' claims for punitive damages against Louis Plascencia (Doc. No. 57); and (3) the plaintiffs' claims for negligent hiring and supervision and punitive damages against Marten Transport, Ltd. (Doc. No. 55.) Pursuant to Local Rule 7-2, the Notice of Electronic Filing for all of the above-referenced motions provided that response briefs were due on April 4, 2017.

         On April 4, 2017, the parties reached a stipulation - as detailed below - to resolve the plaintiffs' negligence and punitive damages claims against Marten Transport, Ltd., arising out of its hiring and supervision of Louis Plascencia, based on Marten Transport, Ltd.'s admission that Louis Plascencia was acting within the course and scope of his employment at the time of the subject occurrence. As such, the plaintiffs stipulate to dismiss one count of their complaint - as detailed below - thereby rendering moot the corresponding aspects of the defendants' motions for summary judgment. At the same time, the plaintiffs raised an issue with respect to the defendants' compliance with this Honorable Court's local rules regarding page limits, Local Rule 7-3, which the parties seek to remedy with the following stipulation.

         STIPULATION

         The parties stipulate as follows:

1. The Defendants, Louis Plascencia and Marten Transport, Ltd., admit that Louis Plascencia was acting within the course and scope of his employment with Marten Transport, Ltd., at the time of the subject occurrence on February 21, 2015.
2. The parties stipulate that the foregoing admission of the Defendants does not bear in any fashion on whether Marten Transport, Ltd., ratified any conduct of Louis Plascencia with respect to the subject occurrence.
3. Based on the foregoing stipulation of the Defendants, the Plaintiffs stipulate to dismiss with prejudice their claims for negligent hiring and supervision against Marten Transport, Ltd., (Count 15, paragraphs LXX-LXXI, of the Plaintiffs' Complaint) and their claims for punitive damages against Marten Transport, Ltd., solely to the extent that ...

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