Opinion
2:22-cv-1950-APG-BNW
12-09-2022
JIMMY COLSON, an individual; Plaintiff, v. BULOW HOLDINGS, LLC, a Delaware limited liability company; and, OSSUR AMERICAS, INC., a California corporation; Defendants.
HOLLY DRIGGS F. Thomas Edwards, Esq. Adam J. Pernsteiner, Esq. Attorneys for Defendants Bulow Holdings, LLC and Ossur Americas, Inc. SPENCER FANE LLP Ayesha Mehdi, Esq. Attorneys for Plaintiff
HOLLY DRIGGS F. Thomas Edwards, Esq. Adam J. Pernsteiner, Esq. Attorneys for Defendants Bulow Holdings, LLC and Ossur Americas, Inc.
SPENCER FANE LLP Ayesha Mehdi, Esq. Attorneys for Plaintiff
STIPULATION AND [PROPOSED] ORDERTO STAY ALL PROCEEDINGS (FIRST REQUEST)
The parties previously submitted a Stipulation and [Proposed] Order Extending the Time for Defendants to File and Serve Their Answer or Other Response to the Complaint [ECF No. 5], but this prior stipulation only pertained to the deadline for Defendants to respond to Plaintiff's Complaint. The Court adopted this stipulation and issued the Stipulation and Order Extending the Time for Defendants to File and Serve Their Answer or Other Response to the Complaint [ECF No. 6] on November 29, 2022.
WHEREAS, on October 20, 2022, Plaintiff Jimmy Colson (“Plaintiff”) commenced this action in the Eighth Judicial District Court for Clark County, Nevada against Defendants, Bulow Holdings, LLC and Ossur Americas, Inc. (“Defendants”);
WHEREAS, on November 18, 2022, Defendants removed the action to this Court;
WHEREAS, the parties have agreed to mediate their dispute and are currently arranging a mediation;
WHEREAS, incurring additional litigation costs will reduce the parties' available resources and, by extension, reduce the likelihood of the parties resolving their dispute through mediation;
WHEREAS, in the interests of focusing the parties' resources on the planned mediation and preserving judicial resources, the parties wish to stay all further proceedings in this matter, including but not limited to responses to the complaint, discovery, motions practice, and case management conferences; and
WHEREAS, the case is at its very inception and the short stay of further proceedings at this early stage will not result in any undue delay and will instead preserve resources, overall judicial economy, and improve the chances of an early resolution.
IT IS HEREBY STIPULATED AND AGREED, by the parties, through undersigned counsel, pursuant to LR IA 6-1, 6-2, and LR 7-1, and subject to the approval of the Court, that:
1. All proceedings in this action shall be stayed, including responses to the complaint, discovery, motions practice, and case management conferences, pending further order of the Court.
2. The parties shall use best efforts to secure a setting for the mediation of claims, and shall pursue the resolution of all disputes in good faith.
3. The parties shall file a joint status report within 60 days of the entry of this order.
IT IS SO AGREED AND STIPULATED:
IT IS SO ORDERED: