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Top Rank Builders, Inc v. Charles Abbott Associates, Inc.

United States District Court, D. Nevada

March 12, 2018

TOP RANK BUILDERS, INC., a Nevada Corporation; and EFRAIN RENE MORALES MORENO, individually; and as sole officer and shareholder of TOP RANK BUILDERS, INC., Plaintiffs,
v.
CHARLES ABBOTT ASSOCIATES, INC., a California Corporation; WILLIAM B. BROWNING, an individual; AMERICAN WIND & SOLAR, INC., a Nevada Corporation; SUNDANCE BUILDERS, LLC, a Nevada Limited Liability Company; THOMAS R. FRANK, an individual; COUNTY OF NYE, a political subdivision of the State of Nevada; DOES I through X, inclusive; and ROE ENTITIES XI through XX, inclusive, Defendants.

          CHRISTINE E. DRAGE, APC Nevada Bar No. 6624 JOHN T. WENDLAND, ESQ. Nevada Bar No. 7207 WEIL & DRAGE, APC Attorneys for Defendant CHARLES ABBOTT ASSOCIATES, INC.

          THE WRIGHT LAW GROUP, P.C. JOHN HENRY WRIGHT, ESQ. Nevada Bar No. 6182 PHILIP S. GERSON, ESQ. Nevada Bar No. 5964 2340 Paseo Del Prado, Suite D-305 Las Vegas, NV 89102 Attorneys for Plaintiffs, TOP RANK BUILDERS, INC. and EFRAIN RENE MORALES MORENO

          MARQUIS AURBACH COFFING, CRAIG ANDERSON, ESQ. Nevada Bar No. 6882 JONATHAN B. LEE, ESQ. Nevada Bar No. 13524 Attorneys for Defendant, COUNTY OF NYE

          WOODBURY LAW, RODNEY S. WOODBURY, ESQ. Nevada Bar No. 7216 50 S. Stephanie Street, Suite 201 Henderson, Nevada 89012 Attorneys for Defendants, AMERICAN WIND & SOLAR, INC. WILLIAM BROWNING

         STIPULATION AND ORDER TO STAY ACTION TO ALLOW PARTIES TO ATTEND MEDIATION AND TO EXTEND THE DISCOVERY CUT OFF DATE and DISPOSITIVE MOTION DEADLINE TO ALLOW FOR THE COMPLETION OF ALL PENDING DISCOVERY IF MEDIATION IS NOT SUCCESSFUL (Second Request)

         Pursuant to LR 6-2 and 26-4 the Parties, through their respective counsel of record, hereby agree and stipulate and request this Court to issue a stay in the pending discovery to allow the Parties to participate in mediation or a settlement conference. The Parties further request that the current discovery cut-off date be extended to expire thirty (30) days after conclusion of mediation or the settlement conference and the dispositive motion deadline be extended to expire at sixty 60)days after the conclusion of mediation or settlement conference. In support of this Stipulation and Request, the Parties state as follows:

         A. DISCOVERY COMPLETED TO DATE

         i. Production of Witnesses and Documents:

         1. Plaintiffs Top Rank Builders, Inc. (“TRB”) and Efrain Rene Morales Moreno (“Morales”) (collectively, the “Plaintiffs”) produced their Initial List of Witnesses and Documents.

         2. Plaintiffs produced their First Supplemental List of Witnesses and Documents.

         3. Plaintiffs produced their Second Supplemental List of Witnesses and Documents.

         4. Defendant Nye County (“Nye”) produced its Initial List of Witnesses and Documents.

         5. Defendant Nye produced its First Supplement to List of Witnesses and Documents.

         6. Defendant Nye produced its Second Supplement to List of Witnesses and Documents.

         7. Defendant Charles Abbott Associates, Inc. (“CAA”) produced its Initial List of Witnesses and Documents.

         8. Defendant CAA produced its First Supplement to List of Witnesses and Documents.

         9. Defendant CAA produced its Second Supplement to List of Witnesses and Documents.

         10. Defendant CAA produced its Third Supplement to List of Witnesses and Documents.

         11. Defendant CAA produced its Fourth Supplement to its List of Witnesses and Documents.

         12. Defendant William B. Browning (“Browning”) produced his Initial List of Witnesses and Documents.

         13. Defendant American Wind & Solar, Inc. (“AWS”) produced its Initial List of Witnesses and Documents.

         ii. Written Discovery and Responses:

         14. Plaintiff TRB issued its First Set of Interrogatories to Defendant CAA.

         15. Plaintiff TRB issued his First Set of Interrogatories to Defendant Nye.

         16. Plaintiff TRB issued its First Set of Interrogatories to Defendant AWS.

         17. Plaintiff TRB issued its First Set of Interrogatories to Defendant Browning.

         18. Plaintiff TRB issued its First Set of Request for Production of Documents to Defendant CAA.

         19. Plaintiff TRB issued its Second Set of Request for Production of Documents to Defendant CAA.

         20. Plaintiff TRB issued its First Set of Request for Production of Documents to Defendant Nye.

         21. Plaintiff TRB issued its First Set of Request for Production of Documents to Defendant Browning.

         22. Plaintiff TRB issued its First Set of Request for Production of Documents to Defendant AWS.

         23. Plaintiff Morales issued his First Set of Interrogatories to Defendant CAA.

         24. Plaintiff Morales issued his First Set of Interrogatories to Defendant Nye.

         25. Plaintiff Morales issued his First Set of Interrogatories to Defendant Browning.

         26. Plaintiff Morales issues his First Set of Request for Production of Documents to Defendant CAA.

         27. Plaintiff Morales issues his First Set of Request for Production of Documents to Defendant Nye.

         28. Plaintiff Morales issues his First Set of Request for Production of Documents to Defendant Browning.

         29. Plaintiff Morales issues his First Set of Request for Admissions to Defendant Browning.

         30. Plaintiff Morales issues his First Set of Request for ...


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