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United Automobile Insurance Co. v. Christensen

United States District Court, D. Nevada

October 4, 2019

UNITED AUTOMOBILE INSURANCE COMPANY, Plaintiff,
v.
THOMAS CHRISTENSEN, an individual; E. BREEN ARNTZ, an individual; and GARY LEWIS, an individual, Defendants.

          Daniel 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 Thomas Christensen.

          MARQUIS AURBACH COFFING Terry A. Coffing (#4949) Brian R. Hardy (#10068) Attorneys for Defendant E. Breen Arntz.

          LIPSON 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.

          James E. Whitmire Santoro Whitmire Attorneys for Defendant Thomas Christensen.

          Terry A. Coffing Brian R. Hardy Marquis & Aurbach Attorneys for Defendant E. Breen Arntz.

          Janeen V. Isaacson Lipson Neilson P.C. Attorneys for Defendant Gary Lewis.

          JOINT STIPULATION AND ORDER FOR STAY OF DISCOVERY (ECF32)

          BRENDAWEKSLER, UNITED STATES MAGISTRATE JUDGE.

         United Automobile Insuance Company (“Plaintiff”) and Thomas Christensen, E. Breen Arntz and Gary Lewis (“Defendants”), submit this Joint Stipulation and Order for Stay of Discovery.

         Plaintiff 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.

         The 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.[1] 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 courts.

         The 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.[2]

         IT ...


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