Opinion
2:15-cv-2265-MMD-DJA
07-11-2023
ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Plaintiffs, v. MARJORIE BELSKY, MD; MARIO TARQUINO, MD; MARJORIE BELSKY, MD, INC., doing business as INTEGRATED PAIN SPECIALISTS; and MARIO TARQUINO, MD, INC., DOES 1-100, and ROES 101-200, Defendants. AND RELATED CLAIMS
JONATHAN W. CARLSON Nevada Bar No. 10536 TODD W. BAXTER Admitted Pro Hac Vice GREGORY S. MASON Admitted Pro Hac Vice McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP, ERON Z. CANNON Nevada Bar No. 8013 JENNIFER M SMITROVICH, Admitted Pro Hac Vice FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC Attorneys for Plaintiffs/Counterdefendants CHRISTIANSEN LAW OFFICES DONALD J. CAMPBELL, J. COLBY WILLIAMS, SAMUEL R. MIRKOVICH, PETER S. CHRISTIANSEN, KENDELEE L. WORKS Attorneys for Defendants Counterclaimants
JONATHAN W. CARLSON Nevada Bar No. 10536 TODD W. BAXTER Admitted Pro Hac Vice GREGORY S. MASON Admitted Pro Hac Vice McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP, ERON Z. CANNON Nevada Bar No. 8013 JENNIFER M SMITROVICH, Admitted Pro Hac Vice FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC Attorneys for Plaintiffs/Counterdefendants
CHRISTIANSEN LAW OFFICES DONALD J. CAMPBELL, J. COLBY WILLIAMS, SAMUEL R. MIRKOVICH, PETER S. CHRISTIANSEN, KENDELEE L. WORKS Attorneys for Defendants Counterclaimants
STIPULATION AND ORDER TO EXTEND THE DEADLINE FOR PARTIES TO FILE REPLIES TO RESPONSES TO MOTIONS FOR SUMMARY JUDGMENT [ECF 539] and [ECF 547], FIRST REQUEST
Plaintiffs and Counterdefendants, ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY (hereinafter “Allstate Parties”), and Defendants and Counterclaimants MARJORIE BELSKY, M.D., MARIO TARQUINO, M.D., MARJORIE BELSKY, M.D., INC. d/b/a INTEGRATED PAIN SPECIALISTS, and MARIO TARQUINO, M.D., INC. (hereinafter “Belsky Parties”), by and through their respective attorneys of record, stipulate and agree to extend the July 21, 2023, deadline for all parties to file replies to the responses [ECF No. 539 (Allstate) and 547 (Belsky Parties) that were filed on July 7, 2023 to their respective Motions for Summary Judgment, Allstate Parties [ECF 518] and Belsky Parties [ECF 522], extending the deadline for relies to the responses to each motion to August 21, 2023.
1. The extension is due to summer vacation schedules, work load issues and scheduling conflicts for respective counsel for both parties, and in light of the critical importance of the Belsky Parties' motion as to Allstate's claims herein and the Allstate Parties' motion on the Belsky Parties' counterclaims, an extension of time is necessary to complete work on the detailed and complex motions.
2. Counsel for Allstate Parties, Mr. Baxter, is involved in a matter where he is preparing a response to a petition for writ of mandate that must be filed with the Fifth District Court of Appeal in Fresno by Monday, July 17, 2023. He also is preparing an opening brief on an appeal that is due July 12, 2023 with the same court. He also has another opening brief on appeal due on July 31, 2023 with the same court. Mr. Baxter will be out on a scheduled vacation from August 1, 2023 through August 11, 2023.
3. There are a number of issues and claimants involved in this case, with extensive discovery having been completed that must be summarized for purposes of responding to the motions that have been filed. The response filed by Allstate to the Belsky's motion for summary judgment contains a 45-page points and authorities, with an extensive amount of exhibits attached thereto that must be reviewed and summarized. The motions at issue are of critical importance; however, due to the existing work schedule of counsel for both parties, including scheduled vacation, including, but not limited to, the issues outlined in paragraph 2 above, in order to ensure that the parties have a full and adequate opportunity to prepare relies to the responses to the motions [ECF No. 539 and 547], good cause exists to extend the deadline for filing replies to August 21, 2023.
4. Thus, the parties stipulate and agree to extend the deadline for the replies to responses for the dispositive motions from July 21,2023 to August 21,2023. Additional time is not expected to be needed.
5. This stipulation is made in good faith and not to delay the proceedings.
Trial has not been scheduled in this matter.
IT IS SO ORDERED.