United States District Court, D. Nevada
TERRI KNAACK, individually, and as Administrator of the Estate of Joseph Knaack, deceased, ANDREW KNAACK, Plaintiffs,
KNIGHT TRANSPORTATION, INC.; KNIGHT REFRIGERATED, LLC; KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC.; CAROL WALKER, Defendants.
SMITH, HENNING & BERMAN LLP JOEL D. ODOU ANALISE N.M.
TILTON CHRISTINA M. MAMER KEVIN D. SMITH Attorneys for
Defendants, Knight Transportation, Inc., Knight Refrigerated,
LLC, Knight-Swift Transportation Holdings, Inc. and Carol
DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE
DISMISSAL AND TO COMPLETE SETTLEMENT (FIRST REQUEST), AND
R. HICKS UNITED STATES DISTRICT JUDGE
KNIGHT TRANSPORTATION, INC., KNIGHT REFRIGERATED, LLC,
KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC. and CAROL WALKER,
herebymove this Court for an extension of time to July 12,
2019, to complete the settlement and file the dismissal in
the above-entitled action.
motion is made and based upon the pleadings and papers on
file, and the memorandum of points and authorities herein.
OF JOEL D. ODOU
D. Odou, declare as follows:
1. I am
an attorney at law duly admitted to practice before the
Courts of the State of Nevada. IamaPartner with WOOD, SMITH,
HENNING &BERMAN LLP, oneofthe attorneys of record for
Defendants, KNIGHT TRANSPORTATION, INC., KNIGHT REFRIGERATED,
LLC, KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC. and CAROL
WALKER (hereinafter "Defendants"). I know the
following facts to be true of my own knowledge, and if called
to testify, I could competently do so.
Defendants are seeking an extension of time to allow for the
full funding of the settlements and so that the settlement
drafts may clear prior to the filing of the dismissal in this
reported by the parties, settlements were reached with both
Plaintiffs for confidential amounts. The settlement with
Plaintiff, Terri Knaack was reached by insurance retained
co-counsel for Defendants, Teddy Parker, on Sunday, May 12,
2019. The settlement amount is confidential, but was in
excess of self-insured retentions of the Defendants.
firm was directly retained by the Knight Defendants under
that self-insured retention, which deducts defense costs
incurred in this litigation from its limits.
part of the settlement, an accounting of all costs incurred
in this case was performed to determine the amount of erosion
of that self-insured retention, with the balance of that
self-insured retention to be paid to settle this claim along
with payments from participating insurance carriers.
Ultimately, some of these payments are being collected from
carriers participating through the London Insurance Market.
Accordingly, arrangements have been made by the lead carrier
to collect all of the overseas settlement funds and have them
transferred via international wire to my law firm's trust
settlement agreement was finalized by the Parties on May 24,
settlement agreement was signed by Plaintiffs on May 29,
settlement agreement was provided to ...