Opinion
3:19-cv-00523-MMD-CLB
11-07-2023
JAIME MARTORELL, an individual, Plaintiff v. DEBASHIS BAGCHI, an individual, and JON BENGSTON, an individual, Defendants.
ANTHONY L. HALL, ESQ. Nevada Bar No. 5977 JONATHAN A. MCGUIRE, ESQ. Nevada Bar No. 15280 SIMONS HALL JOHNSTON PC Attorneys for Plaintiff Jaime Martorell
ANTHONY L. HALL, ESQ. Nevada Bar No. 5977
JONATHAN A. MCGUIRE, ESQ. Nevada Bar No. 15280
SIMONS HALL JOHNSTON PC Attorneys for Plaintiff Jaime Martorell
STIPULATION TO STAY CASE AND VACATE TRIAL; [PROPOSED] ORDER PURSUANT THERETO
The parties hereto, Plaintiff Jaime Martorell (“Plaintiff”) and Defendants, Debashis Bagchi and Jon Bengston, (“Defendants”), by and through their respective counsel of record, hereby enter into the below stipulation:
A. As of October 2, 2023, the Parties have executed a settlement agreement and release of all claims (“Agreement”).
B. The terms of the Agreement require Defendants to make three (3) payments: (1) thirty-thousand dollars ($30,000.00) immediately payable upon the signing of the Agreement; (2) one-hundred and five thousand dollars ($105,000) due November 1,
2023; (3) one-hundred and five thousand dollars ($105,000) due on January 2, 2024.
C. As of October 11, 2023, Defendants had successfully completed the first payment to be made pursuant to the Agreement.
D. As of November 1, 2023, Defendants successfully completed the second payment pursuant to the Agreement.
E. To permit Defendants the requisite amount of time to complete the remaining payments, the Parties are mutually requesting that this Court stay this case for all purposes until January 3, 2024.
F. The Parties jointly stipulate and request that this Court vacate the trial scheduling conference currently set for November 13, 2023.
G. The Parties jointly stipulate and request that this Court also vacate the bench trial that is currently set for the December 5, 2023, trial stack.
H. In the event Defendants satisfy all of their obligations pursuant to the Agreement, the Parties intend to file a stipulation for dismissal pursuant to FRCP 41(a)(1)(A)(ii) as soon as practicable after the January 2, 2024, payment is received.
I. In the event Defendants fail to satisfy all of their obligations pursuant to the Agreement, the Agreement contains a number of admissions of liability. As such, in the event it becomes necessary, Plaintiff will promptly notify the Court and the Parties will work collaboratively to reset the trial in this matter.
ORDER
Accordingly, and good cause appearing, IT IS HEREBY ORDERED THAT, this case is stayed for all purposes until January 3, 2024, or until this Court grants a motion to lift the stay;
IT IS HEREBY FURTHER ORDERED THAT, the November 13, 2023, trial scheduling conference is VACATED;
IT IS HEREBY FURTHER ORDERED that the December 5, 2023, trial in this case is VACATED.
IT IS SO ORDERED.