United States District Court, D. Nevada
BINDRUP LAW FIRM, PLLC KATIE BINDRUP (12181) Attorneys for
JESSICA SHEARER, JOIANNE MADRID and DAVID BINDRUP LAW FIRM,
ANTHONY L. BARNEY LTD. ANTHONY L. BARNEY (8366) ZACHARY D.
HOLYOAK (14217) Attorneys for DAVID COTE
JOHNSON & GUBLER, P.C. RUSSELL G. GUBLER (10889)
Attorneys for JESSICA SHEARER, JOIANNE MADRID and MATTHEW L.
JOHNSON & ASSOCIATES, P.C.
STIPULATION TO STAY LITIGATION PENDING SETTLEMENT
Ferenbach United States Magistrate Judge
HEREBY STIPULATED AND AGREED, by and between JESSICA SHEARER,
JOIANNE MADRID, DAVID COTE, MATTHEW L. JOHNSON &
ASSOCIATES, P.C., and DAVID BINDRUP LAW FIRM, PLLC
(collectively, the “Parties”), by and through
their respective counsel, and the Parties hereby jointly move
this Court, to stay all proceedings, both P-17-092970-E in
the Eighth Judicial District Court of Nevada and No.
2:18-cv-01688 in the United States District Court of Nevada,
in order to mediate with an available magistrate judge or
private mediator. More specifically, the Parties stipulate as
pending pleading deadlines and any and all other deadlines
are hereby stayed in both P-17-092970-E in the Eighth
Judicial District Court of Nevada and No. 2:18-cv-01688 in
the United State District Court of Nevada, effective
immediately. Such stay shall remain in place pending the
outcome of the settlement conference/mediation. Such stay
shall be lifted upon the determination of the available
mediator/arbitrator/magistrate judge that all legal matters
were not resolved by the parties.
Parties shall engage in mediation with either an available
magistrate judge, a mutually agreed private
mediator/arbitrator, or through any other program which may
be agreed to by the parties as soon as reasonably possible.
Jessica Cote, et al. shall pay eighty percent (80%) of any
and all fees and costs associated with the mediation and
David Cote shall pay twenty percent (20%) of any and all fees
and costs associated with the mediation.
Parties shall act in good faith with respect to the agreement
as to who shall serve as the mediator/arbitrator and
scheduling a time to conduct the mediation/arbitration as
soon as reasonably possible.
discovery, pleadings, rulings of the Court, or any other
filings shall occur during this time period, not limited to
but including pleadings which would require any responsive
pleadings from any other party herein.
David Bindrup Law Firm hereby certifies, through its
authorized representative, Katie Bindrup, Esq., that it
currently holds $49, 649.56 of funds belonging to the Estate
of Jill Cote in its Attorney-Client Trust Account. The David
Bindrup Law Firm further certifies through Katie Bindrup,
Esq., that it expects to receive $29, 274.55 of funds
belonging to the Estate of Jill Cote from the Bank of the
West, and will make proof of the receipt of such funds
available to David Cote immediately upon receipt. Upon
receipt of the expected $29, 274.55 the David Bindrup Law
Firm will hold a total of $78, 924.11 of funds belonging to
the Estate of Jill Cote.
distributions or payments shall be made from the Estate of
Jill Cote during this time without a Court order or a
stipulation and order agreed to by the Parties.
the Parties are unable to resolve this matter, any
outstanding discovery, responses, or pleadings will be due
within the longer of 10 days after the parties met for
mediation/arbitration or the date that the discovery,
response, or pleading was originally due.