Opinion
2:20-cv-01308-JCM-BNW
12-16-2022
TRINA SOLAR US, INC., Plaintiff, v. RICHARD CARSON-SELMAN; JOLANDE CARSON-SELMAN; KIRBY WELLS & ASSOCS., as Trustee FBO LIME LIGHT DOMESTIC NON-GRANTOR INSURANCE TRUST, Defendants.
KRAVITZ SCHNITZER JOHNSON & WATSON, CHTD. KIRTON MCCONKIE M. BRADLEY JOHNSON, ESQ. MATTHEW PRUITT, ESQ. MICHAEL R. ESPOSITO, ESQ. D. ANDREW LAJOIE TIMOTHY R. TREFFINGER. TIMOTHY R. TREFFINGER, ESQ.
KRAVITZ SCHNITZER
JOHNSON & WATSON, CHTD.
KIRTON MCCONKIE
M. BRADLEY JOHNSON, ESQ.
MATTHEW PRUITT, ESQ.
MICHAEL R. ESPOSITO, ESQ.
D. ANDREW LAJOIE
TIMOTHY R. TREFFINGER.
TIMOTHY R. TREFFINGER, ESQ.
STIPULATION AND ORDER TO EXTEND TIME TO FILE PROPOSED PRE-TRIAL ORDER
Defendant, RICHARD CARSON-SELMAN, by and through his counsel of record M. Bradley Johnson, Esq. and Michael R. Esposito, Esq., of the law firm of Kravitz Schnitzer Johnson & Watson, Chtd., Defendant KIRBY WELLS & ASSOCS., as Trustee FBO LIME LIGHT DOMESTIC NON-GRANTOR INSURANCE TRUST (“Kirby Wells”), by and through its counsel of record Timothy R. Treffinger, Esq. of the Law Office of Timothy R. Treffinger, and Plaintiff TRINA SOLAR US, INC., by and through its counsel of record, Matthew Pruitt, Esq. of the law firm of Kirton McConkie, and hereby stipulate and agree as follows:
1. This Court granted Defendant Carson-Selman's Substitution of Attorney, substituting in the undersigned counsel (“KSJW”), on December 5, 2022.
ECF 94.
2. Defendant Carson-Selman's counsel has been actively marshaling, reviewing, and evaluating client documents, pleadings and moving papers in order to properly prepare for the upcoming trial.
3. Unfortunately, KSJW has learned that Defendant Carson-Selman's prior counsel, Karl Anderson, Esq. (“Anderson”) had apparently (upon information and belief) received an incomplete client file from Defendant Carson-Selman's original counsel in this action (“Original Counsel”).
4. As a result, Anderson did not and/or could not provide KSJW with deposition records, a complete set of disclosures or associated disclosed records, draft pre-trial exhibit lists, and other material documentation; an unanticipated complication in preparing for trial.
5. As a result, KJSW is actively and expeditiously seeking out documents from (a) Plaintiff's counsel; (b) Defendant Kirby Wells; and (c) All American Court Reporting.
6. On November 29, 2022, before Defendant Carson-Selman's Substitution of Attorney was filed, Plaintiff filed a Proposed Pretrial Order.
ECF 90.
7. As a result of Plaintiff's filing of the Proposed Pre-Trial Order, this Court issued a minute order on December 6, 2022 denying the Proposed Pretrial Order and requiring the Parties to file a joint pre-trial order within 14 days.
ECF 95.
8. The joint pre-trial order is current due on or before December 20, 2022.
9. KSJW requires a reasonable amount of time to obtain, review, and evaluate these documents in order to meaningfully prepare a proposed exhibits list, evaluate and provide objections to Plaintiff's proposed exhibits, and to otherwise attempt to narrow the scope of triable issues as necessary. All of this is necessary to prepare a pre-trial order in good faith.
10. Accordingly, the Parties respectfully request that this Court extend the deadline to file a proposed pre-trial order by thirty (30) days from the date of the entry of this order.
11. This is the first stipulation between the Parties seeking a continuance of Pre-Trial Deadlines and it is not being entered into for purposes of delay.
12. The purpose of this stipulation is to respectfully request time to allow a just trial on the merits consistent with Fed.R.Civ.P. 1.
ORDER
IT IS SO ORDERED: The Parties shall have 30 days from the date of entry of this order to file a joint proposed pre-trial order.