Opinion
2:21-cv-01577-RFB-DJA
10-11-2023
DERRICK HALL, Plaintiff, v. AMTRUST INSURANCE COMPANY; SECURITY NATIONAL INSURANCE COMPANY; DOES I through X; and ROE CORPORATIONS I through X, Defendants.
RESNICK & LOUIS, P.C., PAUL A. ACKER, ESQ., MATTHEW B. BECKSTEAD ESQ. Attorneys for Defendants, AmTrust Ins. Co. & Security Nat'l Ins. Co. LADAH LAW FIRM, ANTHONY ASHBY, ESQ. Attorney for Plaintiff, Derrick Hall
RESNICK & LOUIS, P.C., PAUL A. ACKER, ESQ., MATTHEW B. BECKSTEAD ESQ. Attorneys for Defendants, AmTrust Ins. Co. & Security Nat'l Ins. Co.
LADAH LAW FIRM, ANTHONY ASHBY, ESQ. Attorney for Plaintiff, Derrick Hall
ORDER
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
IT IS HEREBY STIPULATED by and between Plaintiff DERRICK HALL, by and through his attorney of record Anthony Ashby, Esq., of Ladah Law Firm, and Defendants AMTRUST INSURANCE COMPANY and SECURITY NATIONAL INSURANCE COMPANY, by and through their attorneys of record, Paul A. Acker, Esq., and Matthew B. Beckstead, Esq., of the law firm Resnick & Louis, P.C., (collectively, “Parties”) as follows:
WHEREAS, 1. Rule 16(b) provides that “[a] schedule may be modified only for good cause and with the judge's consent.” Fed.R.Civ.P. 16(b)(4);
2. The Parties aver that they will be taking this matter to binding, private arbitration in lieu of a jury trial in this action;
3. The Parties aver that they are seeking this Court's order vacating trial and trial-related dates, deadlines, and settings to facilitate their attendance to, and resolution of Plaintiff's claims at, binding, private arbitration;
4. The Parties hereby stipulate and agree that they seek this Court's order vacating trial in a good-faith effort to resolve this case without costing this Court and the Parties the extensive time and resources associated with a jury trial, and the Parties hereby stipulate and agree that their hereby expressed desire and intent to attend binding, private arbitration constitutes good cause for vacating the trial under Rule 16(b), as vacating the trial will spare Court and the Parties from expending such time and resources;
5. The Parties hereby stipulate and agree to file an Interim Status Report to the Court within 120 days of entry of this Order, advising the Court on the general status of private, binding arbitration, e.g., whether and when the Parties attended private arbitration and when the Court should expect the Parties to submit a Stipulation and Order of Dismissal.
Accordingly, the Parties stipulate to VACATING the Jury Trial set for November 6, 2023, at 8:30 a.m., and all other deadlines and settings contained in the Court's Minute Orders dated September 22, 2023 [ECF No. 24], and September 25, 2023 [ECF No. 25], and the Court's formal order entered on September 25, 2023 [ECF No. 27].
IT IS SO ORDERED.