Opinion
2:23-cv-00537-JCM-BNW
07-31-2023
COMMISSIONER OF INSURANCE FOR THE STATE OF NEVADA AS RECEIVER OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., Plaintiff, v. IRONSHORE SPECIALTY INSURANCE COMPANY; CATLIN INSURANCE COMPANY, INC., Defendants.
Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys for Defendant Ironshore Specialty Insurance Company WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 Attorneys for Defendant Ironshore Specialty Insurance Company Brenoch Wirthlin, Esq. Traci Cassity, Esq. HUTCHISON & STEFFEN Attorneys for Plaintiff
Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys for Defendant Ironshore Specialty Insurance Company
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 Attorneys for Defendant Ironshore Specialty Insurance Company
Brenoch Wirthlin, Esq. Traci Cassity, Esq. HUTCHISON & STEFFEN Attorneys for Plaintiff
DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY'S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT (FIRST REQUEST)
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Defendant Ironshore Specialty Insurance Company (“Ironshore”), by and through its attorneys of record, Sheri M. Thome, Esq. and Steve Shevorski, Esq., of the law offices of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, moves for an extension of time to file a response to Plaintiff The Commissioner of Insurance for the State of Nevada (“the Commissioner”) as receiver of Lewis and Clark LTC Risk Retention Group, Inc.'s complaint for good cause under FRCP 6(b)(1)(a).
MEMORANDUM OF POINTS AND AUTHORITIES
This Court should grant Ironshore's motion for a 14-day extension to file a response to the Commissioner's complaint. The decision to grant an extension or continuance is within the sound discretion of the trial court. F.T.C. v. Gill, 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of Civil Procedure 6(b)(1) provides that when an act must be done within a specified time, the Court "may, for good cause, extend the time . . . with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires ...." Indeed, courts routinely grant similar requests and caution attorneys that "[o]bstructive refusal to make reasonable accommodation [] impairs the civility of our profession ... and needlessly increases litigation expense to clients." Henry v. Dovenmuehle Mortg., No. 2:19-cv-00360-MMD-NJK, 2019 U.S. Dist. LEXIS 50303 (citing Kondrk v. Towbin Dodge LLC, 2015 U.S. Dist. LEXIS 156665, 2015 WL 13683019, at *1 (D. Nev. Nov. 18, 2015) (and collecting cases). Ironshore meets the good cause standard.
Ironshore retained Wilson Elser to represent it this week. Ex. A at ¶3. Wilson Elser was not idle. It reached out to the Commissioner's counsel to obtain an extension of time to respond on Ironshore's behalf to the Commissioner's complaint, as Ironshore's response will be due on July 31, 2023. Ex. B. Wilson Elser then also followed up with the Commissioner's counsel through a phone call. Ex. A, supra at ¶4. Wilson Elser was just recently retained and requires additional time to investigate this matter and draft a response. Id. at ¶6. This is Ironshore's first request for an extension of time to file a responsive pleading. LR IA 6-1. No party will be prejudiced by the granting of this motion, which only seeks a short, 14-day extension of time. Good cause therefore exists for this Court to grant Ironshore an extension of 14 days until August 14, 2023, to file its responsive pleading.
Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule IA 6-1, the Court finds good cause to extend the time to answer until August 14, 2023.
IT IS SO ORDERED
CERTIFICATE OF SERVICE
Pursuant to FRCP 5, I certify that I am an employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP and that on this 28th day of July, 2023, I served a true and correct copy of the foregoing DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY'S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT (First Request) as follows:
[ ] by placing same to be deposited for mailing in the United States Mail, in a sealed envelope upon which first class postage was prepaid in Las Vegas, Nevada;
[ ]via electronic means by operation of the Court's electronic filing system, upon each party in this case who is registered as an electronic case filing user with the Clerk;
[ ] via hand-delivery to the addressees listed below;
[ ] via facsimile;
[ ] by transmitting via email the document listed above to the email address set forth below on this date before 5:00 p.m.
INDEX OF EXHIBITS
TO
DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY'S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT
Exhibit
Description
Bates Nos.
A.
Declaration of Steve Shevorski, Esq.
A-000001- A-000002
B.
Emails from Sheri Thome to Brenoch Wirthlin
B-000001
EXHIBIT A
Declaration of Steve Shevorski, Esq.
DECLARATION OF STEVE SHEVORSKI, ESQ. IN SUPPORT OF DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY'S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF'S COMPLAINT (First Request)
I, Steve Shevorski, Esq. declare as follows:
1. I am a competent adult, over the age of eighteen (18) years, and have personal knowledge of all facts stated herein. I am an attorney, duly licensed to practice law in the state of Nevada.
2. I, along with Sheri M. Thome, Esq., have been retained by Ironshore Specialty Insurance Company (“Ironshore”) to defend the action filed by The Commissioner of Insurance for the State of Nevada as receiver of Lewis and Clark LTC Risk Retention Group (“the Commissioner”) against Ironshore.
3. Ironshore retained Wilson, Elser, Moskowitz, Edelman & Dicker LLP this week. Sheri Thome, Esq. emailed the Commissioner's counsel to request a 14-day extension of time to respond to the Commissioner's complaint on July 26, 2023 and again the next day. Attached as Exhibit B are true and correct copies of Ms. Thome's emails. The Commissioner's counsel has yet to respond to Ms. Thome's emails.
4. I also called the Commissioner's counsel on July 27, 2023 but have not, as yet, received a response to my voicemail.
5. Conflicts are now clear and Wilson Elser intends to appear and defend Ironshore against the Commissioner's complaint.
6. Ironshore requests this extension of time to review the Commissioner's allegations, conduct any research necessary to respond to them, and to draft a response that Ironshore will file with this Court.
7. Ironshore submits this request for a short 14-day extension in good faith and not for the purpose of delay.
I declare under penalty of perjury that the foregoing is true and correct.
EXHIBIT B
E ails fro Sheri Tho e to Brenoch irthlin
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