Opinion
2:20-cv-01308-JCM-BNW
01-10-2023
TRINA SOLAR US, INC., a Delaware Corporation; Plaintiff, v. RICHARD CARSON-SELMAN aka RICHARD CARSON aka RICHARD SELMAN, an individual; and JOLANDE CARSON-SELMAN aka JOLANDE CARSON aka JOLANDE SELMAN aka JOLANDE CARSON-DUINKER; KIRBY WELLS & ASSOCIATES AS TRUSTEE FBO LIME LIGHT DOMESTIC NON GRANTOR INSURANCE TRUST U/A/D 05-12-2005; DOES I through X, inclusive and ROE BUSINESS ENTITIES I through X, inclusive, Defendants
Matthew Pruitt, D. Andrew Lajoie, KIRTON McCONKIE, Attorneys for Plaintiff. KRAVITZ SCHNITZER JOHNSON & WATSON, CHTD., MICHAEL R. ESPOSITO, ESQ., Attorneys for Defendant Richard Carson-Selman. LAW OFFICE OF TIMOTHY R. TREFFINGER., TIMOTHY R. TREFFINGER, ESQ., Attorneys for Defendant Kirby Wells & Assocs., As Trustee FBO Lime Light Domestic Non-Grantor Insurance Trust.
Matthew Pruitt, D. Andrew Lajoie, KIRTON McCONKIE, Attorneys for Plaintiff.
KRAVITZ SCHNITZER JOHNSON & WATSON, CHTD., MICHAEL R. ESPOSITO, ESQ., Attorneys for Defendant Richard Carson-Selman.
LAW OFFICE OF TIMOTHY R. TREFFINGER., TIMOTHY R. TREFFINGER, ESQ., Attorneys for Defendant Kirby Wells & Assocs., As Trustee FBO Lime Light Domestic Non-Grantor Insurance Trust.
STIPULATION REGARDING DEFENDANT RICHARD CARSON-SELMAN'S MOTION TO WITHDRAW ADMISSIONS PURSUANT TO FED. R. CIV. P. 36(B)
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE.
Whereas counsel for the Plaintiff, Matthew Pruitt, Esq., filed a Notice of Association of Counsel on May 11, 2022 becoming counsel of record for the Plaintiff with the firm Kirton McConkie. And whereas Mr. Pruitt's prior law firm Alverson, Taylor and Sanders filed a Motion to Remove Attorney from Electronic Service List on December 16, 2022 seeking to remove specifically “efile@alversontaylor.com” and “mpruitt@alversontaylor.com” from the electronic service list. Dkt 98. The Court then ordered such on December 19, 2022. Dkt 99.
However, the clerk mistakenly also removed Mr. Pruitt's email with his new firm Kirton McConkie, mpruitt@kmclaw.com, and evidently also removed Mr. Pruitt as counsel of record for the Plaintiff. Because of this error, Mr. Pruitt did not receive notice when Defendant Richard Carson-Selman filed his Motion to Withdraw Admissions on that same day December 19, 2022. See Dkt 100. Because he did not receive notice no opposition was filed and the Court granted Defendant's Motion on January 5, 2023. Dkt 102.
Now therefore the Parties now stipulate and agree as follows:
(1) Mr. Pruitt shall be reinstated as counsel of record for the Plaintiff with e-service directed to mpruitt@kmclaw.com.
(2) The Court's January 5, 2023 Order found at Docket Number 102 shall be reversed and rescinded.
(3) Plaintiff shall have until January 20, 2023 to file its Response or Opposition to Defendant Richard Carson-Selman's Motion to Withdraw Admissions Pursuant to Fed.R.Civ.P. 36(b).
(4) Defendant may file a Reply to Plaintiffs Response in accordance with Local Rule 7-2(b).
(5) The Parties respectfully request this Court reset this matter for hearing.
ORDER
IT IS ORDERED that ECF No. 103 is GRANTED.
IT IS FURTHER ORDERED that a motion hearing regarding Defendant Richard Carson-Selman's Motion to Withdraw Admissions (at ECF No. 100) is scheduled for February 16, 2023 at 1:00 p.m. by Zoom video conference. To obtain a Zoom invitation, parties are kindly directed to contact courtroom administrator Jeff Miller at jeffmiller@nvd.uscourts.gov no later than noon on the day before the hearing but no sooner than one week before the hearing.
IT IS SO ORDERED