Opinion
2:22-cv-02111-CDS-VCF
08-02-2023
BREONNA FLEMING, an individual, Plaintiff, v. SOMERSET ACADEMY OF NEVADA, dba SOMERSET ACADMEY OF LAS VEGAS, a Domestic n-Profit Corporation, Defendant(s).
PHILIP J. TRENCHAK, ESQ. Nevada Bar No. 9924 MULLINS & TRENCHAK, ATTORNEYS AT LAW Attorney for Plaintiff, Breonna Fleming LAW OFFICES OF GARY P. SINKELDAM APC Anais M. Caccamo Nevada Bar No. 13083 Gary P. Sinkeldam, Esq. Nevada Bar No. 6500
PHILIP J. TRENCHAK, ESQ. Nevada Bar No. 9924
MULLINS & TRENCHAK, ATTORNEYS AT LAW
Attorney for Plaintiff, Breonna Fleming
LAW OFFICES OF GARY P. SINKELDAM APC
Anais M. Caccamo Nevada Bar No. 13083
Gary P. Sinkeldam, Esq. Nevada Bar No. 6500
STIPULATION AND ORDER TO CONTINUE THE ENE SCHEDULED FOR AUGUST 10, 2023 (SECOND REQUEST)
DANIEL J. ALBREGTS UNITED STATES MAGISTATE JUDGE
A Stipulation was entered between the parties to continue the prior ENE Which was scheduled for June 6, 2023 (ECF 12). All parties of record are attempting to resolve the underlying issues through a settlement. The parties request that the current ENE Scheduled for August 10, 2023, should be continued beyond the current date to allow the parties time to confer with their experts, witnesses, and clients to attempt to resolve this matter. Plaintiff has retained an expert and has compiled medical records for the expert to review. Plaintiff's Expert has not finished his report. Plaintiff's Counsel also has a conflict on August 10, 2023. A Demand is also being submitted to Defendants once the Expert Report has been prepared.
Compiling these records has taken several weeks and the Expert is now preparing his Report which is the reason for the requested continuance of the ENE. This Stipulation is being submitted in good faith and not for the purpose of unnecessary delay.
Further, the Parties stipulated that Defendant's Insurance Representative, Krystn Mundy, who is based in Philadelphia, Pennsylvania be permitted to appear for this ENE via remote means, either by videoconference or by telephone.
ORDER
IT IS HEREBY ORDERED that the parties' Stipulation is GRANTED in part and DENIED in part.
The request to continue the ENE is granted. The request for Defendant's insurance representative to appear via remote means is denied without prejudice. Defendant's may separately move for the requested relief.
IT IS FURTHER ORDERED that the Early Neutral Evaluation scheduled for August 10, 2023 is VACATED and RESET to Monday, October 16, 2023 at 10:00 a.m.
IT IS FURTHER ORDERED that the confidential evaluation statements must be submitted by 4:00 p.m. on Tuesday, October 10, 2023.
IT IS FURTHER ORDERED that all other provisions of the Court's prior Order (ECF No. 10) remain in effect.