Opinion
2:22-cv-1950-APG-BNW
02-07-2023
JIMMY COLSON, an individual; Plaintiff, v. BULOW HOLDINGS, LLC, a Delaware limited liability company; and, OSSUR AMERICAS, INC., a California corporation; Defendants.
SPENCER FANE LLP Ayesha Mehdi, Esq. Attorneys for Plaintiff HOLLY DRIGGS Adam J. Pernsteiner 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 Adam J. Pernsteiner F. Thomas Edwards, Esq. Adam J. Pernsteiner, Esq. Attorneys for Defendants Bulow Holdings, LLC and Ossur Americas, Inc.
JOINT STATUS REPORT AND STIPULATION AND [PROPOSED] ORDER TO CONTINUE STAY OF ALL PROCEEDINGS (FIRST REQUEST)
The Parties previously submitted a Stipulation and Proposed Order to Stay All Proceedings [ECF No. 8], which was granted and adopted by the Court in its Order to Stay All Proceedings [ECF No. 9] on December 9, 2022. This is the first request to continue the stay of these proceedings pending the outcome of the Parties' mediation.
Pursuant to the Court's prior Order to Stay All Proceedings [ECF No. 9] dated December 9, 2022, which directed the parties to submit a joint status report within 60 days of the entry of the Order, Plaintiff Jimmy Colson (“Plaintiff”) and Defendants Bulow Holdings, LLC and Ossur Americas, Inc. (“Defendants”) (collectively the “Parties”), by and through their undersigned counsel, hereby state the following:
PROCEDURAL BACKGROUND
1. On October 20, 202, Plaintiff commenced this action in the Eighth Judicial District Court for Clark County, Nevada against Defendants.
2. On November 18, 2022, Defendants removed the action to this Court.
3. On November 28, 2022, the Parties filed a Stipulation and [Proposed] Order Extending Time for Defendants to File and Serve Their Answer or Other Response to the Complaint [ECF No. 5], which was adopted and granted by the Court in its subsequent Order [ECF No. 6] of November 29, 2022.
4. On December 8, 2022, the Parties submitted a Stipulation and [Proposed] Order to Stay All Proceedings [ECF No. 8] pending the scheduling and outcome of a planned mediation between the Parties.
5. On December 9, 2022, the Court adopted the stipulation and issued its Order to Stay All Proceedings [ECF No. 9]. In its Order, the Court further directed that the Parties submit a joint status report within 60 days of the entry of the Order.
STATUS OF PENDING MEDIATION
Since the staying of these proceedings, the Parties have been engaged in good faith planning discussions to select a mutually agreeable mediator and mediation date. The Parties have now concluded these planning discussions with one another and, as a result, the Parties have agreed to attend a mediation on March 2, 2023 at JAMS in Las Vegas before the Honorable Phillip M. Pro (Ret.).
In light of the above, the Parties respectfully wish to continue the stay of these proceedings pending the outcome of the scheduled mediation on March 2, 2023.
STIPULATION
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 remain stayed, including responses to the complaint, discovery, motion practice, and case management conferences, pending further order of the Court; and
2. The Parties shall file a joint status report by Friday March 31, 2023.
IT IS SO AGREED AND STIPULATED
IT IS SO ORDERED: