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United Automobile Insurance Co. v. Christensen

United States District Court, D. Nevada

December 31, 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

          Matthew John Douglas Thomas E. Winner Attorneys for Plaintiff

          SANTORO WHITMIRE James E. Whitmire (#6533) Attorneys for Defendant Thomas Christensen

          LIPSON NEILSON P.C. Janeen V. Isaacson Attorneys for Defendant Gary Lewis

          JOINT STATUS REPORT REGARDING STAY OF DISCOVERY (ECF NO. 40)

          BRENDAWEKSLER UNITED STATES MAGISTRATE JUDGE

         United Automobile Insurance Company (“Plaintiff”) and Thomas Christensen, E. Breen Arntz and Gary Lewis (“Defendants”), submit this Joint Status Report Regarding Stay of Discovery (ECF No. 40).

         Plaintiff filed its Complaint on November 28, 2018. (ECF No. 1) Defendant Christensen filed a Motion to Dismiss on February 22, 2019. (ECF No. 5) Defendant Arntz filed a Joinder to Christensen's Motion to Dismiss on March 1, 2019. (ECF No. 9) Defendant Lewis filed a Joinder to Christensen's Motion to Dismiss on March 1, 2019 (ECF No. 10) and an additional Motion to Dismiss on March 1, 2019. (ECF No. 11) This Court denied the Motions to Dismiss on September 13, 2019 (ECF No. 32). As part of that Order, this Court ordered the parties to submit a Discovery Plan and Scheduling Order by September 27, 2019.

         On September 27, 2019, the parties jointly sought a stay of discovery (ECF No. 33) because this lawsuit is related to a much larger dispute in cases (some of which are pending) in the Eighth Judicial District Court, Case No. A-07-549111-C (consolidated with A-18-772220-C); the Nevada Supreme Court, Case Nos. 79487, 78243, 78085, and 70504; the Ninth Circuit Court of Appeals, Case No. 13-17441; and another case in California.[1]

         On October 4, 2019, This Court granted the Stipulation to Stay Proceedings (ECF 40). Defendants Christensen, Lewis and Arntz filed their Answers to Complaint. (ECF Nos. 34, 36 and 39).

         On October 10 and 11, 2019, Defendant Christensen filed Motions for Reconsideration of this Court's September 13, 2019 (ECF No. 10) Order. (See ECF Nos. 40 and 41). On October 11, 2019, Lewis filed a Joinder to the Motion for Reconsideration (ECF No. 42). On October 15, 2019, Arntz filed a Joinder to the Motion for Reconsideration (ECF No. 43). On October 24, 2019 Plaintiff opposed the Motion for Reconsideration and Joinders (ECF No. 46). On October 31, 2019, Christensen filed his Reply in Support of Reconsideration (ECF No. 47). On December 18, 2019 Christensen sought leave to file supplemental authorities in support of his Motion for Reconsideration to this Court. (ECF Nos. 48 and 49). The parties await this Court's ruling on the Motion for Reconsideration.

         IT IS SO ORDERED.

         The parties believe that the stay of discovery in this proceeding should remain in place pending further rulings, both in this case and in the other courts, 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. The parties request a continued stay of discovery with a status report to be filed with the Court 90 days from today's date (i.e. March 26, 2020) regarding developments from other courts considering matters that may affect this case.

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