Desio v. State Farm Mutual Automobile Insurance Company, No. 2:2020cv01486 - Document 35 (D. Nev. 2021)

Court Description: ORDER granting 34 Stipulation to Extend Deadlines. Reply to 19 Motion for Partial Summary Judgment is due 2/8/2021. Response to 32 Defendant's Counter Motion for Summary Judgment is extended to 2/8/2012, with Reply due on 2/22/2021. for Signed by Judge Andrew P. Gordon on 1/13/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Desio v. State Farm Mutual Automobile Insurance Company 1 2 3 4 5 6 Doc. 35 JESSE SBAIH & ASSOCIATES, LTD. Jesse M. Sbaih (#7898) Ines Olevic-Saleh (#11431) The District at Green Valley Ranch 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel (702) 896-2529 Fax (702) 896-0529 Email: jsbaih@sbaihlaw.com Attorneys for Relator 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 ROSE DESIO, 10 Case No.: 2:20-cv-01486-APG-NJK Plaintiff, 11 vs. STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE: 12 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY; DOES I – V and ROES VI – X, inclusive; (1) REPLY IN SUPPORT OF PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF INSURANCE COVERAGE (ECF NO. 19); 13 14 Defendants. 15 (2) OPPOSITION TO DEFENDANT’S COUNTER-MOTION FOR SUMMARY JUDGMENT (ECF NO. 32); AND 16 17 (2) REPLY IN SUPPORT OF DEFENDANT’S COUNTER-MOTION FOR SUMMARY JUDGMENT (ECF NO. 32) 18 19 20 [First Request] 21 22 23 24 25 26 27 28 PLAINTIFF ROSE DESIO (“Plaintiff”), by and through her counsel of record, JESSE SBAIH & ASSOCIATES, LTD., and DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“Defendant”), by and through their counsel of record, the law firm of LEWIS BRISBOIS BISGAARD & SMITH LLP, hereby stipulate and agree to the following: (1) Plaintiff’s Reply in Support of her Motion for Partial Summary Judgment on the Issue of Insurance Coverage (ECF No. 19), which is currently due on January 18, 2021, will be extended to February 8, 2021; Page 1 of 3 Dockets.Justia.com 1 2 3 4 (2) Plaintiff’s Opposition to Defendant’s Counter-Motion for Summary Judgment (ECF No. 32), which is currently due on January 18, 2021, will be extended to February 8, 2021; and (3) Defendant’s Reply in Support of its Counter-Motion for Summary Judgment (ECF No. 32) will be extended to February 22, 2021. Reason for Extension 5 6 The subject extensions are sought due to the complexities of the issues being addressed in the 7 subject pleadings, and to accommodate Plaintiff’s recently and unexpectedly increased workload 8 consisting of responding to numerous pleadings in a short time span. This is the first request for an 9 extension and it is made in good faith and not for the purpose of delay. 10 DATED this 13th day of January, 2021. DATED this 13th day of January, 2021. 12 JESSE SBAIH & ASSOCIATES, LTD. LEWIS BRISBOIS BISGAARD & SMITH LLP 13 /s/ Jesse M. Sbaih Jesse M. Sbaih, Esq. JESSE SBAIH & ASSOCIATES, LTD The District at Green Valley Ranch 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Attorneys for Plaintiff 11 14 15 16 17 /s/ Cheryl A. Grames Robert W. Freeman, Esq. Cheryl A. Grames, Esq. Tara Teegarden, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 Attorneys for Defendant 18 19 ORDER 20 21 22 IT IS SO ORDERED. Dated this 13th day of January, 2021. 23 _______________________________ 24 U.S. DISTRICT COURT JUDGE 25 26 27 28 Page 2 of 3 CERTIFICATE OF SERVICE 1 2 Pursuant to FRCP Rule 5(b), I certify that I am an employee of the law firm of Jesse Sbaih & 3 Associates, Ltd., and that on this 13th day of January 2021, I caused to be served STIPULATION 4 AND ORDER FOR EXTENSION OF TIME TO FILE: (1) REPLY IN SUPPORT OF 5 PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUES OF 6 7 INSURANCE COVERAGE (ECF NO. 19); (2) OPPOSITION TO DEFENDANT’S COUNTERMOTION FOR SUMMARY JUDGMENT (ECF NO. 32); AND (2) REPLY IN SUPPORT OF 8 9 10 11 12 13 14 15 16 17 DEFENDANT’S COUNTER-MOTION FOR SUMMARY JUDGMENT (ECF NO. 32) via electronic service to the following: Robert W. Freeman, Esq. Cheryl A. Grames, Esq. Tara U. Teegarden, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Robert.Freeman@lewisbrisbois.com Cheryl.Grames@lewisbrisbois.com Tara.Teegarden@lewisbrisbois.com Attorneys for Defendant State Farm Mutual Automobile Insurance Company 18 19 20 _/s/ Jennifer Davidson____________________ An employee of Jesse Sbaih & Associates, Ltd. 21 22 23 24 25 26 27 28 Page 3 of 3 1/13/2021 Workspace Webmail :: Print Print | Close Window Subject: RE: [EXT] Re: Desio v. State Farm (Extension to file Reply and Opposition) From: "Grames, Cheryl" <Cheryl.Grames@lewisbrisbois.com> Date: Tue, Jan 12, 2021 5:55 pm To: Jesse Sbaih <jsbaih@sbaihlaw.com>, "iolevic@sbaihlaw.com" <iolevic@sbaihlaw.com> Cc: "jdavidson@sbaihlaw.com" <jdavidson@sbaihlaw.com> Attach: image001.png Logo_e6253148-26a1-47a9-b861-6ac0ff0bc3c4.png Looks good; you may a x my e-signature. Cheryl A. Grames Partner Cheryl.Grames@lewisbrisbois.com T: 702.583.6014 F: 702.893.3789 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com Represen ng clients from coast to coast. View our loca ons na onwide. This e-mail may contain or a ach privileged, con den al or protected informa on intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to no fy the sender, then delete this email and any a achment from your computer and any of your electronic devices where the message is stored. From: Jesse Sbaih <jsbaih@sbaihlaw.com> Sent: Tuesday, January 12, 2021 5:41 PM To: Grames, Cheryl <Cheryl.Grames@lewisbrisbois.com>; iolevic@sbaihlaw.com Cc: jdavidson@sbaihlaw.com Subject: RE: [EXT] Re: Desio v. State Farm (Extension to le Reply and Opposi on) Hi Cheryl...please find attached the draft SAO for your review. Please advise if we have your consent to affix your e-signature and file with the Court. Best regards, Jesse M. Sbaih, Esq. JESSE SBAIH & ASSOCIATES, LTD. The District at Green Valley Ranch 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel: (702) 896-2529 Fax: (702) 896-0529 The information contained in this email message is protected under the Electronic Communications Privacy Act, 18 U.S.C. 2310-2321, and may also be protected by attorney-client and/or the attorney/work product privileges. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by email. If the person actually receiving this email or any other reader of the email is not the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (702) 896-2529 and return the original message to us at jsbaih@sbaihlaw.com. -------- Original Message -------Subject: RE: [EXT] Re: Desio v. State Farm (Extension to file Reply and Opposition) From: "Grames, Cheryl" <Cheryl.Grames@lewisbrisbois.com> Date: Tue, January 12, 2021 2:52 pm To: "iolevic@sbaihlaw.com" <iolevic@sbaihlaw.com> Cc: "jsbaih@sbaihlaw.com" <jsbaih@sbaihlaw.com>, "jdavidson@sbaihlaw.com" <jdavidson@sbaihlaw.com> Hi Ines, two weeks after the Response would be great. Cheryl A. Grames https://email12.godaddy.com/view_print_multi.php?uidArray=546|INBOX.Desio Rose 8-23-19&aEmlPart=0 1/4 1/13/2021 Workspace Webmail :: Print Partner Cheryl.Grames@lewisbrisbois.com T: 702.583.6014 F: 702.893.3789 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com Represen ng clients from coast to coast. View our loca ons na onwide. This e-mail may contain or a ach privileged, con den al or protected informa on intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to no fy the sender, then delete this email and any a achment from your computer and any of your electronic devices where the message is stored. From: iolevic@sbaihlaw.com <iolevic@sbaihlaw.com> Sent: Tuesday, January 12, 2021 1:58 PM To: Grames, Cheryl <Cheryl.Grames@lewisbrisbois.com> Cc: jsbaih@sbaihlaw.com; jdavidson@sbaihlaw.com Subject: RE: [EXT] Re: Desio v. State Farm (Extension to file Reply and Opposition) Importance: High Thank you Cheryl. I will send you a SAO for your review shortly. How much time will you need for the Reply? Ines Olevic-Saleh, Esq. JESSE SBAIH & ASSOCIATES, LTD. The District at Green Valley Ranch 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel: (702) 896-2529 Fax: (702) 896-0529 The information contained in this email message is protected under the Electronic Communications Privacy Act, 18 U.S.C. 2310-2321, and may also be protected by attorney-client and/or the attorney/work product privileges. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by email. If the person actually receiving this email or any other reader of the email is not the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (702) 896-2529 and return the original message to us at jsbaih@sbaihlaw.com. -------- Original Message -------Subject: RE: [EXT] Re: Desio v. State Farm (Extension to file Reply and Opposition) From: "Grames, Cheryl" <Cheryl.Grames@lewisbrisbois.com> Date: Tue, January 12, 2021 1:46 pm To: Jesse Sbaih <jsbaih@sbaihlaw.com> Cc: Ines Olevic <iolevic@sbaihlaw.com>, Jennifer Davidson <jdavidson@sbaihlaw.com>, "Teegarden, Tara" <Tara.Teegarden@lewisbrisbois.com> OF COURSE, Jesse. I’m sorry I didn’t respond sooner. Ensconced in Ninth Circuit briefing / SER hell, as the local rule changes are really quite exacting. Those dates are fine. Cheryl A. Grames Partner Cheryl.Grames@lewisbrisbois.com T: 702.583.6014 F: 702.893.3789 6385 South Rainbow Blvd., Suite 600, Las Vegas, NV 89118 | LewisBrisbois.com https://email12.godaddy.com/view_print_multi.php?uidArray=546|INBOX.Desio Rose 8-23-19&aEmlPart=0 2/4 1/13/2021 Workspace Webmail :: Print Represen ng clients from coast to coast. View our loca ons na onwide. This e-mail may contain or a ach privileged, con den al or protected informa on intended only for the use of the intended recipient. If you are not the intended recipient, any review or use of it is strictly prohibited. If you have received this e-mail in error, you are required to no fy the sender, then delete this email and any a achment from your computer and any of your electronic devices where the message is stored. From: Jesse Sbaih <jsbaih@sbaihlaw.com> Sent: Tuesday, January 12, 2021 1:40 PM To: Grames, Cheryl <Cheryl.Grames@lewisbrisbois.com>; Teegarden, Tara <Tara.Teegarden@lewisbrisbois.com> Cc: Ines Olevic <iolevic@sbaihlaw.com>; Jennifer Davidson <jdavidson@sbaihlaw.com> Subject: [EXT] Re: Desio v. State Farm (Extension to file Reply and Opposition) External Email Hi Cheryl...we respectfully request a response to my email below as we will need to file a motion if you don’t reciprocate our prior courtesies and stipulate to our request for an extension. Thanks, Jesse M. Sbaih, Esq. Sent from my iPhone On Jan 10, 2021, at 9:14 PM, Jesse Sbaih <jsbaih@sbaihlaw.com> wrote: Hi Cheryl...I hope all is well. Earlier today, I finally had an opportunity to briefly review State Farm's Opposition to Ms. Desio's Motion for Partial SJ and the Countermotion for SJ. As we are swamped and due to the complexity of the issues, I respectfully request that we be allowed until and through February 8, 2021 to file both our Reply (which is presently due on 1/18/21) and our Opposition (which is presently due on 1/25/21). Regarding your Reply, whatever time you need after February 8, 2021, we'll gladly accommodate. Please advise me if you're agreeable and we'll prepare the stip for your review. Best regards, Jesse M. Sbaih, Esq. JESSE SBAIH & ASSOCIATES, LTD. The District at Green Valley Ranch 170 South Green Valley Parkway, Suite 280 Henderson, Nevada 89012 Tel: (702) 896-2529 Fax: (702) 896-0529 The information contained in this email message is protected under the Electronic Communications Privacy Act, 18 U.S.C. 2310-2321, and may also be protected by attorney-client and/or the attorney/work product privileges. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by email. If the person actually receiving this email or any other reader of the email is not the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at (702) 896-2529 and return the original message to us at jsbaih@sbaihlaw.com. https://email12.godaddy.com/view_print_multi.php?uidArray=546|INBOX.Desio Rose 8-23-19&aEmlPart=0 3/4 1/13/2021 Workspace Webmail :: Print Copyright © 2003-2021. All rights reserved. https://email12.godaddy.com/view_print_multi.php?uidArray=546|INBOX.Desio Rose 8-23-19&aEmlPart=0 4/4