Commissioner of Insurance for the State of Nevada as Receiver of Lewis and Clark LTC Risk Retention Group, Inc. v. Ironshore Specialty Insurance Company et al, No. 2:2023cv00537 - Document 12 (D. Nev. 2023)
Court Description: ORDER granting 8 Motion to Extend Time. Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule IA 6-1, the Court finds good cause to extend the time to answer until August 14, 2023 (Ironshore Specialty Insurance Company answer due 8/14/2023). Signed by Magistrate Judge Brenda Weksler on 7/31/2023. (Copies have been distributed pursuant to the NEF - CJS)
Download PDF
<![CDATA[
Commissioner of Insurance for the State of Nevada as Receive...ore Specialty Insurance Company et al Doc. 12 Case Case2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document12 8 Filed Filed07/28/23 07/31/23 Page Page11of of39 1 2 3 4 5 6 7 Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 Telephone: 702.727.1400 Facsimile: 702.727.1401 Email: Sheri.Thome@wilsonelser.com Email: Steve.Shevorski@wilsonelser.com Attorneys for Defendant Ironshore Specialty Insurance Company 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 COMMISSIONER OF INSURANCE FOR THE STATE OF NEVADA AS RECEIVER OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., 13 Plaintiff, 14 v. Case No. 2:23-cv-00537-JCM-BNW DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY’S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT 15 16 IRONSHORE SPECIALTY INSURANCE COMPANY; CATLIN INSURANCE COMPANY, INC., (First Request) 17 Defendants. 18 19 Defendant Ironshore Specialty Insurance Company (“Ironshore”), by and through its 20 attorneys of record, Sheri M. Thome, Esq. and Steve Shevorski, Esq., of the law offices of Wilson, 21 Elser, Moskowitz, Edelman & Dicker LLP, moves for an extension of time to file a response to 22 Plaintiff The Commissioner of Insurance for the State of Nevada (“the Commissioner”) as receiver 23 of Lewis and Clark LTC Risk Retention Group, Inc.’s complaint for good cause under FRCP 24 6(b)(1)(a). MEMORANDUM OF POINTS AND AUTHORITIES 25 26 This Court should grant Ironshore’s motion for a 14-day extension to file a response to the 27 Commissioner’s complaint. The decision to grant an extension or continuance is within the sound 28 discretion of the trial court. F.T.C. v. Gill, 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of 285304955v.1 Dockets.Justia.com Case Case2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document12 8 Filed Filed07/28/23 07/31/23 Page Page22of of39 1 Civil Procedure 6(b)(1) provides that when an act must be done within a specified time, the Court 2 "may, for good cause, extend the time . . . with or without motion or notice if the court acts, or if a 3 request is made, before the original time or its extension expires . . . ." Indeed, courts routinely grant 4 similar requests and caution attorneys that "[o]bstructive refusal to make reasonable accommodation 5 [] impairs the civility of our profession ... and needlessly increases litigation expense to 6 clients." Henry v. Dovenmuehle Mortg., No. 2:19-cv-00360-MMD-NJK, 2019 U.S. Dist. LEXIS 7 50303 (citing Kondrk v. Towbin Dodge LLC, 2015 U.S. Dist. LEXIS 156665, 2015 WL 13683019, 8 at *1 (D. Nev. Nov. 18, 2015) (and collecting cases). Ironshore meets the good cause standard. 9 Ironshore retained Wilson Elser to represent it this week. Ex. A at ¶3. Wilson Elser was not 10 idle. It reached out to the Commissioner’s counsel to obtain an extension of time to respond on 11 Ironshore’s behalf to the Commissioner’s complaint, as Ironshore’s response will be due on July 12 31, 2023. Ex. B. Wilson Elser then also followed up with the Commissioner’s counsel through a 13 phone call. Ex. A, supra at ¶4. Wilson Elser was just recently retained and requires additional time 14 to investigate this matter and draft a response. Id. at ¶6. This is Ironshore’s first request for an 15 extension of time to file a responsive pleading. LR IA 6-1. No party will be prejudiced by the 16 granting of this motion, which only seeks a short, 14-day extension of time. Good cause therefore 17 exists for this Court to grant Ironshore an extension of 14 days until August 14, 2023, to file its 18 responsive pleading. 19 DATED this 28th day of July, 2023. 20 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 21 22 23 24 25 Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule IA 6-1, the Court finds good cause to extend the time to answer until August 14, 2023. IT IS SO ORDERED DATED: 10:45 am, July 31, 2023 26 27 28 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE -2285304955v.1 By: /s/ Sheri M. Thome__________ Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 Attorneys for Defendant Ironshore Specialty Insurance Company Case Case2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document12 8 Filed Filed07/28/23 07/31/23 Page Page33of of39 1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5, I certify that I am an employee of WILSON, ELSER, MOSKOWITZ, 3 EDELMAN & DICKER LLP and that on this 28th day of July, 2023, I served a true and correct 4 copy of the foregoing DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY’S 5 MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S 6 COMPLAINT (First Request) as follows: 7 by placing same to be deposited for mailing in the United States Mail, in a sealed envelope upon which first class postage was prepaid in Las Vegas, Nevada; 8 via electronic means by operation of the Court’s electronic filing system, upon each party in this case who is registered as an electronic case filing user with the Clerk; 9 10 via hand-delivery to the addressees listed below; 11 via facsimile; 12 by transmitting via email the document listed above to the email address set forth below on this date before 5:00 p.m. 13 14 15 16 17 18 Brenoch Wirthlin, Esq. Traci Cassity, Esq. HUTCHISON & STEFFEN 10080 West Alta Drive, Suite 200 Las Vegas, Nevada 89145 Telephone: (702) 385.2500 Facsimile: (702) 385.2086 E-Mail: bwirthlin@hutchlegal.com Attorneys for Plaintiff 19 BY: /s/ Lani Maile An Employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 20 21 22 23 24 25 26 27 28 -3285304955v.1 Case Case 2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document 8-1 12 Filed Filed 07/31/23 07/28/23 Page Page 41 of of 91 INDEX OF EXHIBITS TO DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY’S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT Exhibit Description Bates Nos. A. Declaration of Steve Shevorski, Esq. A-000001A-000002 B. Emails from Sheri Thome to Brenoch Wirthlin B-000001 285320986v.1 Case Case 2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document 8-2 12 Filed Filed 07/31/23 07/28/23 Page Page 51 of of 93 EXHIBIT A Declaration of Steve Shevorski, Esq. Case Case 2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document 8-2 12 Filed Filed 07/31/23 07/28/23 Page Page 62 of of 93 1 2 3 4 5 6 7 Sheri M. Thome, Esq. Nevada Bar No. 008657 Steve Shevorski, Esq. Nevada Bar No. 008256 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 Telephone: 702.727.1400 Facsimile: 702.727.1401 Email: Sheri.Thome@wilsonelser.com Email: Steve.Shevorski@wilsonelser.com Attorneys for Defendant Ironshore Specialty Insurance Company 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 COMMISSIONER OF INSURANCE FOR THE STATE OF NEVADA AS RECEIVER OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., 13 Plaintiff, 14 v. 15 16 IRONSHORE SPECIALTY INSURANCE COMPANY; CATLIN INSURANCE COMPANY, INC., Case No. 2:23-cv-00537-JCM-BNW DECLARATION OF STEVE SHEVORSKI, ESQ. IN SUPPORT OF DEFENDANT IRONSHORE SPECIALTY INSURANCE COMPANY’S MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO PLAINTIFF’S COMPLAINT (First Request) 17 Defendants. 18 19 I, Steve Shevorski, Esq. declare as follows: 20 1. I am a competent adult, over the age of eighteen (18) years, and have personal 21 knowledge of all facts stated herein. I am an attorney, duly licensed to practice law in the state of 22 Nevada. 23 2. I, along with Sheri M. Thome, Esq., have been retained by Ironshore Specialty 24 Insurance Company (“Ironshore”) to defend the action filed by The Commissioner of Insurance for 25 the State of Nevada as receiver of Lewis and Clark LTC Risk Retention Group (“the 26 Commissioner”) against Ironshore. 27 28 3. Ironshore retained Wilson, Elser, Moskowitz, Edelman & Dicker LLP this week. Sheri Thome, Esq. emailed the Commissioner’s counsel to request a 14-day extension of time to 285317112v.1 A-000001 Case Case 2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document 8-2 12 Filed Filed 07/31/23 07/28/23 Page Page 73 of of 93 1 respond to the Commissioner’s complaint on July 26, 2023 and again the next day. Attached as 2 Exhibit B are true and correct copies of Ms. Thome’s emails. The Commissioner’s counsel has yet 3 to respond to Ms. Thome’s emails. 4 5 6 7 8 9 4. I also called the Commissioner’s counsel on July 27, 2023 but have not, as yet, received a response to my voicemail. 5. Conflicts are now clear and Wilson Elser intends to appear and defend Ironshore against the Commissioner’s complaint. 6. Ironshore requests this extension of time to review the Commissioner’s allegations, conduct any research necessary to respond to them, and to draft a response that Ironshore will file 10 with this Court. 11 7. 12 Ironshore submits this request for a short 14-day extension in good faith and not for the purpose of delay. 13 I declare under penalty of perjury that the foregoing is true and correct. 14 DATED this 28th day of July, 2023. 15 /s/ Steve Shevorski, Esq. Steve Shevorski, Esq. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2285317112v.1 A-000002 Case Case 2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document 8-3 12 Filed Filed 07/31/23 07/28/23 Page Page 81 of of 92 EXHIBIT B E ails fro Sheri Tho e to Brenoch irthlin Case Case 2:23-cv-00537-JCM-BNW 2:23-cv-00537-JCM-BNW Document Document 8-3 12 Filed Filed 07/31/23 07/28/23 Page Page 92 of of 92 From: Sent: To: Cc: Subject: Thome, Sheri Thursday, July 27, 2023 12:15 PM bwirthlin@hutchlegal.com Maile, Lani U.; Shevorski, Steve RE: Lewis and Clark/Receiver v. Ironshore Hi Mr. Wirthlin, I am just following up on the below email, but I don’t know if you are in the office, and I don’t see anyone else listed on the docket as representing the Commissioner. I may follow up later today via phone. I apologize for any inconvenience, but Ironshore is concerned about the response date. Thank you. Sheri Thome Attorney at Law Wilson Elser Moskowitz Edelman & Dicker LLP 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, NV 89119 702.727.1370 (Direct) 702.375.7956 (Cell) 702.727.1400 (Main) 702.727.1401 (Fax) sheri.thome@wilsonelser.com From: Thome, Sheri Sent: Wednesday, July 26, 2023 3:12 PM To: bwirthlin@hutchlegal.com Cc: Maile, Lani U. <Lani.Maile@wilsonelser.com> Subject: Lewis and Clark/Receiver v. Ironshore Mr. Wirthlin, Ironshore has reached out to our firm concerning the above-referenced matter, and we are working to resolve any potential conflicts. While we do so, are you able to provide an extension in which to respond to the complaint? I believe the response is due July 31, so I would ask for extension until August 14th. Until we clear, I cannot submit a stipulation affirming representation, but I certainly will do so as soon as we can confirm. Thank you for your consideration. Sheri Thome Attorney at Law Wilson Elser Moskowitz Edelman & Dicker LLP 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, NV 89119 702.727.1370 (Direct) 702.375.7956 (Cell) 702.727.1400 (Main) 702.727.1401 (Fax) sheri.thome@wilsonelser.com 1 B-000001
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
