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Evanston Insurance Co. v. 70 Limited Partnership

United States District Court, D. Nevada

October 16, 2017

EVANSTON INSURANCE COMPANY, Plaintiffs,
v.
70 LIMITED PARTNERSHIP, a Nevada L.P.; TERTIA DVORCHAK, as Special Administratrix of the Estate of Thomas T. Beam, Deceased; JOHN PETER LEE, LTD., a Nevada Professional Corporation; and JOHN PETER LEE, an Individual, Defendants. JOHN PETER LEE, LTD. and JOHN PETER LEE, Third-Party Plaintiff,
v.
HARLEY E. HARMON INSURANCE AGENCY, INC, Third-Party Defendant.

          CLARK HILL, PLLC, NICHOLAS M. WIECZOREK, Attorney for Plaintiff and Counter-Defendant EVANSTON INSURANCE COMPANY.

          LITCHFIELD CAVO, LLP., GRIFFITH H. HAYES, Attorneys for Third-Parly Defendant HARLEY E. HARMON INSURANCE AGENCY, INC.

          WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC, JEREMY R. ALBERTS, HOWARD J. RUSSELL, D. LEE ROBERTS, JR., DAVID J. LARSON, Attorneys for Defendants 70 LIMITED PARTNERSHIP and TERTIA DVORCHAK.

          GEORGE D. YARON, YARON & ASSOCIATES, TODD L. MOODY, HUTCHISON & STEFFEN ATTORNEYS, Attorneys for Defendants, Counter-Claimants, and Third-Party Plaintiffs JOHN PETER LEE, LTD., and the ESTATE OF JOHN PETER LEE.

          STIPULATION AND PROPOSED ORDER, PURSUANT TO LOCAL RULE 1A 6-1, TO EXTEND OR WITHDRAW THE DEADLINE FOR FILING A PROPOSED SCHEDULING ORDER

         This matter was stayed effective December 5, 2014, when Magistrate Judge Nancy J. Koppe issued an Order staying this action pending the resolution of the malpractice lawsuit, entitled 70 Limited Partnership, et al. v. John Peter Lee, Ltd., et al., Case No. A-13-691389-C, Eighth Judicial District, State of Nevada, Clark County ("Malpractice action").

         The Malpractice action involved allegations of attorney malpracdce by John Peter Lee, Ltd., and John Peter Lee in connection with their work on an inverse condemnation case, captioned 70 Limited Partnership, et al. v. McCarron International Airport and Clark County, Clark County District Court, Case no A572739 (""McCarron action"). Moreover, die case, captioned F &.C Collections, Inc. and John Peter Lee, Ltd., v. Estate of Thomas T. Beam, Jimma Lee Beam Revocable Trust, 70Limited, LLC, Leigh, T&D, Inc., Jimma Lee Beam (deceased), Tertia Dvorchak and Bank of Nevada, Clark County District Court, Case No. A-13-680570-B ('"Collection action"), began when John Peter Lee, Ltd., sought to recover the fees/costs earned prosecuting the McCarron action. The Malpractice action was filed after the Collection action approximately seven and one-half months later. On or about April 25, 2014, the Malpractice action was consolidated with the Collection action.

         A settlement was reached in the Collection action, and Malpractice action was dismissed. In light of these developments, the parties requested the Court lift the stay. The Court lifted the Stay effective August 17, 2017, and ordered the parties to file a proposed Scheduling Order by August 24, 2017.

         This matter involves six parties. These parties are: (1) Evanston Insurance Company, (2) 70 Limited Partnership, (3) Teitia Dvorchak, (4) John Peter Lee, LTD., (5) the Estate of John Peter Lee, and (6) Harley E. Harmon Insurance Agency, Inc. Evanston Insurance Company, is the professional liability insurer of the deceased John Peter Lee and Mr. Lee's law firm-John Peter Lee, Ltd. Mr. Lee passed away during the time that this matter was stayed. 70 Limited Partnership and Tertia Dvorchak brought the Malpractice action against Mr. Lee and John Peter Lee, Ltd. The Estate of John Peter Lee and John Peter Lee, Ltd., filed a Third-Parly Complaint against John Peter Lee, Ltd.'s insurance broker, Harley E. Harmon Insurance Agency, Inc., for claims related to the Malpractice action.

         In the second half of August of 20)7, the parties commenced settlement discussions. The parties requested that the deadline for filing a proposed Scheduling Order be extended from August 24, 2017 to September 6, 2017, so that the parties would have time to continue their settlement discussions. The Court granted the request and signed the Stipulation. Thereafter, the parties made a second request that the deadline for filing a proposed Scheduling Order be extended from September 6, 2017 to September 13, 2017, for the parties to continue their settlement discussions. The Court granted the request and signed the Stipulation. Moreover, on September 13, 2017, the parties made a third request that the deadline for filing a proposed Scheduling Order be extended from September 13, 2017 to September 22, 2017, for the parties to continue their settlement discussions. Recently, the parties made a Fourth Request that the deadline for filing a proposed Scheduling Order be extended from September 22, 2017 to October 13, 2017, for the parties to continue their settlement discussions. The Court granted the request and signed the Stipulation.

         During the past two months, the parties have continued settlement discussions. Evanston Insurance Company, on the one hand, and John Peter Lee, LTD., and the Estate of John Peter Lee, on the other hand, have tentatively settled their claims against each other. The claims asserted by Evanston Insurance Company against Tertia Dvorchak and 70 Limited Partnership have been tentatively settled. Until this week, the remaining claim was the claim of John Peter Lee, LTD., and the Estate of John Peter Lee, on the other hand, against Harley E. Harmon Insurance Agency, Inc., on the other hand. This week, the claim of John Peter Lee, LTD., and the Estate of John Peter Lee, on the other hand, against Harley E. Harmon Insurance Agency, Inc., on the other hand, has been tentatively settled. The parties are preparing a settlement agreement. Upon the full execution of one or more settlement agreements, the parties will dismiss the instant lawsuit.

         The parties hereby stipulate (1) to continue the deadline for filing a proposed Scheduling Order until November 15, 2017, or, in the alternative, (2) to withdraw the deadline for filing a proposed Scheduling Order, and agree to provide the Court with a written update on the status of the dismissal of ...


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