Courtney-Skay v. HLS of Nevada, LCC, No. 2:2018cv00306 - Document 22 (D. Nev. 2018)
Court Description: ORDER granting 20 Motion to Reschedule ENE Session. Early Neutral Evaluation continued to 1/10/2019 at 01:30 PM in Chambers Room 3071 before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 10/22/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Courtney-Skay v. HLS of Nevada, LCC Doc. 22 Case 2:18-cv-00306-JAD-NJK Document 20 Filed 10/16/18 Page 1 of 4 1 7 JASON G. MARTINEZ, ESQ. Nevada Bar No. 13375 E-mail: jason@kgelegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 E-mail: karen@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for HLS of Nevada, LLC dba Nevada West Financial (erroneously named as HLS of Nevada, LCC dba Rightsize Funding and Nevada West Financial) 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 2 3 4 5 6 10 NANCY COURTNEY-SKAY, Case No. 2:18-cv-00306-JAD-NJK (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 Plaintiff, 12 vs. 13 HLS OF NEVADA, LCC, a Nevada Limited Liability Company dba RIGHTSIZE FUNDING and NEVADA WEST FINANCIAL, 14 15 MOTION TO RESCHEDULE EARLY NEUTRAL EVALUATION SESSION Defendant. 16 HLS OF NEVADA, LLC DBA NEVADA WEST FINANCIAL hereby requests to 17 reschedule the Early Neutral Evaluation Session. This Motion is made based on the following 18 Memorandum of Points and Authorities and the Declaration of David Rosenberg attached hereto 19 as Exhibit A. 20 MEMORANDUM OF POINTS AND AUTHORITIES 21 On August 27, 2018, this Court issued an Order Scheduling Early Neutral Evaluation 22 Session [ECF No. 10]. Pursuant to the Order, “a request to reschedule made less than 14 days 23 before the scheduled ENE will not be granted absent compelling circumstances, a strong showing 24 of good cause, and an explanation of why any scheduling conflict could not be resolved.” ECF No. 25 10 at 1:21-23. 26 Here, the only representative of HLS who can attend the ENE just discovered an 27 irreconcilable conflict for the currently scheduled date, October 25, 2018, for the ENE. See 28 -1Dockets.Justia.com (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 Case 2:18-cv-00306-JAD-NJK Document 20 Filed 10/16/18 Page 2 of 4 1 Declaration of David Rosenberg, Ex. A. Mr. Rosenberg has an emergent surgery scheduled for 2 October 23, 2018, which given the nature of same and the limited availability of his surgeons, must 3 go forward. Id. Further, given the recovery period for the surgery, Mr. Rosenberg will be immobile 4 and recovering at his parents’ house in Los Angeles shortly after the surgery. Id. Unfortunately, 5 the surgery cannot be put off any longer and must be completed on October 23, 2018. Id. As HLS 6 has no employees, there is no one else that can be sent in Mr. Rosenberg’s place to take part in the 7 ENE. Id. These compelling circumstances justify a rescheduling of the ENE. 8 Here, the last day to submit a request to rescheduled the ENE was October 11, 2018. Good 9 cause is shown here because Mr. Rosenberg was not instructed until October 11, 2018 that a second 10 surgery would be scheduled emergently on October 16, 2018. Id. at ¶ 20. After indicating Mr. 11 Rosenberg was unable to complete the surgery on October 16, 2018, his surgeons instructed him 12 on October 15, 2018 that the next available date for the surgery was October 23, 2018. Id at ¶ 21. 13 Given the urgency of the second surgery to rectify the immense pain Mr. Rosenberg is suffering, 14 as well as the limited availability of his surgeons, the surgery must go forward on October 23, 15 2018. Id. Once Mr. Rosenberg discovered the conflict and presented same to the undersigned 16 counsel, HLS immediately began drafting the instant Motion. 17 18 19 20 21 22 23 24 25 26 … 27 … 28 … -2- Case 2:18-cv-00306-JAD-NJK Document 20 Filed 10/16/18 Page 3 of 4 1 Given the compelling circumstances of Mr. Rosenberg’s required second surgery, the 2 diligence in presenting this Motion to the Court, the fact that no one can substitute in Mr. 3 Rosenberg’s place on behalf of HLS, as well as the inability to continue the surgery any further, 4 HLS believes the Court should reschedule the ENE to the week of November 26, 2018 or further 5 at the convenience of the Court and parties. CONCLUSION 6 7 8 9 Based upon the foregoing, HLS respectfully requests that Early Neutral Evaluation Session be rescheduled accordingly. DATED October 16, 2018. KIM GILBERT EBRON 10 /s/ Jason G. Martinez___________ JASON G. MARTINEZ, ESQ. Nevada Bar No. 13375 KAREN L. HANKS, ESQ. Nevada Bar No. 9578 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Attorneys for HLS of Nevada, LLC dba Nevada West Financial 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 15 16 17 18 IT IS ORDERED that the ENE currently scheduled for October 25, 2018, at 1:30 p.m. is VACATED and CONTINUED to January 10, 2019, at 1:30 p.m. in Chambers Room 3071. 19 20 Dated: October 22, 2018 ______________________________ Peggy A. Leen United States Magistrate Judge 21 22 23 24 25 26 27 28 -3- Case 2:18-cv-00306-JAD-NJK Document 20 Filed 10/16/18 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on this 16th day of October, 2018, pursuant to FRCP 5, I 3 served via the CM-ECF electronic filing system the foregoing MOTION TO RESCHEDULE 4 EARLY NEUTRAL EVALUATION SESSION to the following parties: 5 6 7 8 9 Michael P. Balaban, Esq. LAW OFFICES OF MICHAEL P. BALABAN 10726 Del Rudini Street Las Vegas, Nevada 89141 mbalaban@balaban-law.com Attorney for Plaintiff 10 /s/ Jason G. Martinez An employee of Kim Gilbert Ebron 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- Case 2:18-cv-00306-JAD-NJK Document 20-1 Filed 10/16/18 Page 1 of 4 Ex. A EXHIBIT A Declaration of David Rosenberg Ex. A Case 2:18-cv-00306-JAD-NJK Document 20-1 Filed 10/16/18 Page 2 of 4 1 2 3 DECLARATION OF DAVID ROSENBERG IN SUPPORT OF HLS OF NEVADA, LLC’S REQUEST TO RESCHEDULE EARLY NEUTRAL EVALUATION SESSION I, David Rosenberg, declare as follows: 1. I am over the age of eighteen years old and competent to testify. 2. I am a resident of Las Vegas, Nevada. 3. Unless otherwise stated, I have personal knowledge of the facts set forth in this 4 5 6 declaration, and for those facts stated on information and belief, I believe them to be true. 7 4. 8 I am the Executive Chairman of HLS of Nevada, LLC dba Nevada West Financial (“HLS”). I am also an attorney licensed to practice law in the state of Nevada (Bar No. 10738). 9 5. I make this declaration in support of HLS’ Request to Reschedule Early Neutral 10 Evaluation Session. 6. On March 23, 2018, while visiting my parents in Los Angeles, California, I 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 suffered a traumatic fall and broke my right femur. 13 7. On March 24, 2018, I underwent surgery at Torrance Memorial. Specifically, my 14 orthopedic surgeon, Dr. Daniel Zinar, inserted a steel rod into my broken femur; that rod runs 15 from my hip all the way down to my knee and is held in place by a screw nailed into my bone. 16 8. Following surgery, I was hospitalized for a week and then sent back to my parents’ 17 house to recover. 18 9. Over the next month (April 2018), I went from being bedridden to slowly walking 19 again with the assistance of a walker. 20 10. By the end of the second month post-surgery (May 2018), I had my staples 21 removed, was cleared to travel, and returned home to Las Vegas, Nevada. 22 11. I then spent the following month (June 2018) using a walker before finally 23 beginning physical therapy in July 2018. 24 12. In August of 2018, I started to notice that something was very wrong with my leg, 25 as the level of pain that I was experiencing at the surgery site steadily began to increase (rather 26 than decrease, as one would expect), and I began developing new pains in other parts of my body. 27 13. In September of 2018, I was seen multiple times by Dr. Erik Kubiak, an orthopedic 28 -1- Case 2:18-cv-00306-JAD-NJK Document 20-1 Filed 10/16/18 Page 3 of 4 1 surgeon located in Las Vegas, Nevada. By this time, I was having difficulty sleeping and walking 2 and had stopped physical therapy. Dr. Kubiak didn’t see anything unusual on my x-rays and 3 didn’t have a good explanation for why my condition was worsening so quickly. He proceeded 4 to run many tests and scans on me and scheduled a follow-up appointment for October 9, 2018. 5 6 7 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON Because Dr. Kubiak had hinted that surgery might eventually be required, I then called and scheduled an appointment with my original surgeon, Dr. Zinar, for October 10, 2018. 15. At my follow-up appointment on October 9, 2018, Dr. Kubiak reviewed my scans 8 and confirmed that my bone was fully healed. However, even after reviewing the test results, Dr. 9 Kubiak failed to diagnose a precise cause for my unbearable pain. Dr. Kubiak said I should 10 undergo surgery to have the rod and screw taken out, as removal would hopefully fix the problem. 11 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 14. 16. On October 10, 2018, I flew back to Los Angeles, California and met with my 12 original surgeon to get a second opinion. Dr. Zinar looked over my test results and told me that, 13 based upon his 30 years of experience as a trauma surgeon, he believed that the hardware needed 14 to come out immediately if I did not want to develop lasting complications and pain in my legs. 15 16 17 17. According to Dr. Zinar, the surgery to remove the rod and screw will be painful but not as difficult to recover from as the original surgery, since my femur is now fully healed. 18. According to Dr. Zinar, I will need to recover from the surgery at my parents’ 18 house in Los Angeles for no less than ten days, revisit Dr. Zinar sometime after that to make sure 19 there are no signs of infection, and, assuming things are healing as expected, I will hopefully then 20 be cleared to return to Las Vegas, Nevada. I will still need to continue using a walker to get 21 around for some period of time after I return, but I should no longer be on any mind-clouding pain 22 medications. 23 24 25 19. Dr. Zinar received approval from my insurance to proceed, and he has scheduled my surgery for October 23, 2018, two days before the October 25, 2018 settlement conference. 20. On October 11, 2018, I was instructed by my surgeons that the second surgery 26 would go forward on October 16, 2018. I was unable to commit to this date given the incredibly 27 shortened time period. 28 21. On October 15, 2018, I was instructed by my surgeons that they were available to -2- Case 2:18-cv-00306-JAD-NJK Document 20-1 Filed 10/16/18 Page 4 of 4 1 conduct the second surgery on October 23, 2018. Given the urgency of the second surgery and 2 limited availability of my surgeons, it is imperative that I complete the second surgery on October 3 23, 2018. 4 5 6 7 8 9 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 10 22. As such, I will be out-of-town recovering and in no condition to take part in settlement discussions on October 25, 2018. 23. Because HLS of Nevada, LLC has no employees, there is no one else that I can send in my place to the settlement conference on October 25, 2018. 24. Based upon everything that Dr. Zinar has told me about the surgery (and my expectation that both my surgery and recovery will be uneventful), I am confident that I will be able to take part in any settlement meeting rescheduled for the last week of November or later. 11 25. I declare under penalty of perjury that the foregoing is true and correct. 12 Dated this 16th day of October, 2018. 13 /s/ David Rosenberg_____ _________ 14 DAVID ROSENBERG, as Executive Chairman of HLS of Nevada, LLC dba Nevada West Financial 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-
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