Mesa Underwriters Specialty Ins. Co. v. Smith

Full title: MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY, Plaintiff v. LeCRESHA SMITH…

Court: United States District Court, District of Nevada

Date published: Oct 3, 2023

2:23-CV-01058-CDS-VCF (D. Nev. Oct. 3, 2023)

Opinion

2:23-CV-01058-CDS-VCF

10-03-2023

MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY, Plaintiff v. LeCRESHA SMITH as Special Administrator of the Estate of MICHAEL MOSLEY, Deceased; and LeCRESHA SMITH, Individually and as heir to the Estate of MICHAEL MOSLEY; LeCRESHA SMITH as parent and guardian of M.M.; HAMPTON APTS., INC. d/b/a THE HAMPTON APTS.; 1st SECURITY SERVICES OF NEVADA CORP; ANZA MANAGEMENT COMPANY, Defendants

STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY BRIEFS REGARDING THE MOTIONS TO DISMISS, OR IN THE ALTERNATIVE, MOTIONS TO STAY THE DECLARATORY RELIEF ACTION (FIRST REQUEST)

Pursuant to LR 7-1, LR 1A 6-1, and LR IA 6-2, Plaintiff, Mesa Underwriters Specialty Insurance Company, and the moving parties. Defendants, LeCresha Smith (“Defendant Smith”) and Defendants, 1^st Security Services of Nevada (Defendants 1^st Security), by and through then counsel of record, hereby submit this Stipulation and Order to Extend Time To File Reply Briefs Regarding The Motions to Dismiss or Alternative Motions to Stay the Declaratory Relief Action.

This is the parties' first request and is not made for purposes of delay or otherwise unnecessarily delaying these proceedings. The filing date of the subject motions is September 18, 2023, and September 19, 2023, respectively.

The basis for this extension stems from the fact that the Nevada Justice Association convention is being held on October 3 - 5, 2023, in San Diego, California, which counsel for Defendant Smith will be attending and participating in as a “guest panelist” for one of the sessions involving Discovery in Nevada state courts. Thus, given this out-of-office engagement, there will be limited time in which to timely prepare and serve her reply brief to Plaintiff's recent Response/Opposition to the Motion to Dismiss/Stay. Based upon this scheduling conflict, the parties have agreed to an additional 10 days for both Defendants to provide Reply briefs to Plaintiffs' recent Responses/Oppositions to the Motions to Dismiss/Stay as follows:

1. Defendant Smith filed her Motion to Dismiss/Stay on September 18, 2023 (ECF 13).

2. Defendant 1^st Security filed its Motion to Dismiss/Stay on December 19, 2023 (ECF 15).

3. Plaintiff filed its Response/Opposition to Defendant Smith's Motion to Dismiss/Stay on October 2, 2023. (ECF 17).

4. Plaintiff filed its Response/Opposition to Defendant 1^st Security's Motion to Dismiss/Stay on October 2, 2023. (ECF 18).

5. The computer-generated date identified accompanied with the filing of Plaintiffs' Responses/Oppositions to the Motions to Dismiss indicated that the due date for filing a Reply to each of these Oppositions is October 9, 2023.

6. The parties agree that given the scheduling conflict identified above, an additional 10 days for Defendant Smith and Defendant 1^st Security to prepare and file their Reply briefs is appropriate.

7. The new date for Defendant Smith and Defendant 1^st Security to prepare and file 2023 their Reply briefs is now October 19, 2019 .

8. This is the parties' first request to extend briefing for the subject Motions to Dismiss/Stay.

This Stipulation and Order is not made for purposes of undue delay or for some improper pmpose but is necessary due to the legitimate scheduling conflict identified above.

ORDER

IT IS SO ORDERED.