United States District Court, D. Nevada
F. Polsenberg Nevada Bar No. 2376 J Christopher Jorgensen
Nevada Bar No. 5382 Abraham Smith Nevada Bar No. 13250 LEWIS
ROCA ROTHGERBER CHRISTIE LLP Co-Counsel for Plaintiff United
Automobile Insurance Company.
SANTORO WHITMIRE SANTORO WHITMIRE Attorneys for Defendant
MARQUIS AURBACH COFFING Terry A. Coffing (#4949) Brian R.
Hardy (#10068) Attorneys for Defendant E. Breen Arntz.
NEILSON P.C. Janeen V. Isaacson Lipson Neilson P.C. Attorneys
for Defendant Gary Lewis.
Matthew John Douglas Thomas E. Winner Atkin Winner &
Sherrod Attorneys for Plaintiff.
E. Whitmire Santoro Whitmire Attorneys for Defendant Thomas
A. Coffing Brian R. Hardy Marquis & Aurbach Attorneys for
Defendant E. Breen Arntz.
V. Isaacson Lipson Neilson P.C. Attorneys for Defendant Gary
JOINT STIPULATION AND ORDER FOR STAY OF DISCOVERY
BRENDAWEKSLER, UNITED STATES MAGISTRATE JUDGE.
Automobile Insuance Company (“Plaintiff”) and
Thomas Christensen, E. Breen Arntz and Gary Lewis
(“Defendants”), submit this Joint Stipulation and
Order for Stay of Discovery.
filed its Complaint on November 28, 2018. (ECF 1) Defendant
Christensen filed a Motion to Dismiss on February 22, 2019.
(ECF 5) Defendant Arntz filed a Joinder to Christensen's
Motion to Dismiss on March 1, 2019. (ECF 9) Defendant Lewis
filed a Joinder to Christensen's Motion to Dismiss on
March 1, 2019 (ECF 10) and an additional Motion to Dismiss on
March 1, 2019. (ECF 11) This Court denied the Motions to
Dismiss on September 13, 2019 (ECF 32). As part of that Order
this Court ordered the parties to submit a Discovery Plan and
Scheduling Order by September 27, 2019.
parties jointly seek a continued stay of discovery for the
reasons succinctly articulated below. Such stay of discovery
is sought in good faith and for purposes of judicial economy.
This particular lawsuit is related to a much larger dispute
involving these same parties that is pending in the Eighth
Judicial District Court, No. A-07-549111-C (consolidated with
A-18-772220-C); the Nevada Supreme Court, Nos. 79487, 78243,
78085, and 70504; and the Ninth Circuit, No.
13-17441. Two mediations have been held in an
attempt to resolve this matter. The Nevada Supreme Court
ordered a third mediation in No. 79487, which is currently
being scheduled. Issues remain pending before all three
parties believe that it makes sense to stay discovery in this
proceeding to await further rulings that may resolve the
issues in both this case and the pending state court case or,
at a minimum, pave the way for dispositive motions. At this
time, the parties request a stay of discovery with a status
report to be filed with the Court 90 days from today's
date (i.e. December 27, 2019) regarding
developments from other courts considering matters that may
affect this case.