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Allstate Insurance Co. v. Nassiri

United States District Court, D. Nevada

October 24, 2017

ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY and ALLSTATE INDEMNITY COMPANY, Plaintiffs,
v.
OBTEEN N. NASSIRI, D.C., individually, JENNIFER NASSIRI, individually, JIM ANDERSEN, individually, CHRISTYN ANDERSEN, individually, DAA TRUST, a Nevada Trust, HARLEY TRUCK, LLC, a Nevada limited liability company, 181 RUSTY PLANK, LLC, a Nevada limited liability company, ANDERSEN FAMILY TRUST, a Nevada trust, ADROON, LLC, a Nevada limited liability company, 2111 S. MARYLAND, LLC, and Nevada limited liability company, FAA FOI TUITAMA, individually, ADVANCED MED LLC, a California limited liability company, GREEN TREE SERVICES, LLC, dba MTC WEST COAST MEDICAL TRAINING CENTERS, a Nevada limited-liability company, VALLEY WELLNESS AND RECOVERY, an entity of unknown origin, and, GOOD HANDS CHIROPRACTIC, INC. dba GOOD HANDS CHIROPRACTIC, a Nevada corporation, Defendants.

          McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP Dylan P. Todd Jared P. Green Attorneys for Plaintiffs.

          FRIZELL LAW FIRM PC R. Duane Frizell Attorneys for Defendants Faa Foi Tuitama, Advanced Med LLC, and Green Tree Services LLC.

          HUTCHISON & STEFFEN Todd L. Moody Attorney for HARLEY TRUCK, LLC, OBTEEN NASSIRI, D.C., JENNIFER NASSIRI, DAA TRUST.

          JOINT STATUS REPORT RE: PENDING SETTLEMENT MATTERS AND POTENTIAL CASE CONCLUSION

         The above parties through their respective counsels for record hereby submit the following joint interim status report and order to update the Court on the status of recent case developments, including potential settlement and a stay of all dispositive motions pending completion of settlement agreement.

         I. CASE POSTURE

         A. Status of Pending Motions

         This case is currently in the dispositive motion phase, and there are three (3) motions currently before the Court. They are:

• Green Tree Defendants' Motion to Dismiss 2nd Amended Complaint (Dkt.#128);
• Green Tree Defendants' Motion for Summary Judgment (Dkt. #150); and
• Plaintiffs' Motion for Spoliation of Evidence Sanctions (Dkt. #161).

         The motion to dismiss second amended complaint has been fully briefed and is pending before the Court. By contrast, both the motion for summary judgment and the motion for spoliation of evidence sanctions are in the briefing stage, and are not yet ripe for consideration by the Court.

         An Interim Status Report was filed with the Court on December 15, 2016 (Dkt. #107). The parties indicated three (3) potential trial dates between September and October, 2017, however to date no trial date has been set. This is very likely in large part to the outstanding discovery matters that we have been outlined in detail in the Joint Status Report Regarding Outstanding Discovery Matters on August 8, 2017 (Dkt. #155). The outstanding discovery matters also contributed to the extensions of time granted by the Court in responding to Green Tree Defendants' Motion for Summary Judgment. An Order Granting the Third Extension of Time to Respond to the Motion for Summary Judgment was entered by the Court on October 10, 2017. (Dkt. #163). This extension provided for Plaintiffs' response to be filed by October 16, 2017. Id.[1] These aforementioned discovery matters also formed the basis of Plaintiffs' motion for spoliation of evidence sanctions. (Dkt. #161).

         B. Agreement to Stay of Dispositive Motions

         By October 13, 2017, the parties were engaged in serious settlement discussions that carried over into the weekend. On October 16, 2017, the parties reached and preliminary agreement in principle as to the amount of settlement that would resolve the lawsuit as to all parties. There are still several material terms and conditions of this potential settlement that need to be resolved before a formal agreement can be reached. The parties are currently working towards resolving these remaining material and principle terms. To that end, the ...


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