Barcelon v. Landforce Corporation

Opinion

1 LESLIE MARK STOVALL, ESQ. Nevada Bar No. 2566 2 ROSS MOYNIHAN, ESQ. Nevada Bar No. 11848 3 STOVALL & ASSOCIATES 2301 Palomino Lane 4 Las Vegas, NV 89107 Telephone: (702) 258-3034 5 E-service: court@lesstovall.com Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 ROBERT BARCELON, an individual ) 9 ) Case no.: 2:18-cv-01493-GMN-DJA Plaintiff, ) 10 vs. ) ) 11 LANDFORCE CORPORATION ) Individually; ALBERT LEON HARRIS, ) 12 Individually; DOES I-X and ROE ) CORPORATIONS I-X, inclusive, ) 13 ) Defendants. ) 14 ____________________________________)

15 STIPULATION AND ORDER REGARDING DEFNDANTS LANDFORCE CORPORATION AND ALBERT LEON HARRIS' MOTION FOR PARTIAL 16 SUMMARY JUDGMENT REGARDING PLAINTIFF'S CAUSE OF ACTION FOR NEGLIGENT ENTRUSTMENT (ECF 64) 17 COMES NOW plaintiff, by and through his attorney, Ross Moynihan of the law office of 18 Stovall & Associates, and defendants Landforce Corporation and Albert Leon Harris, by and 19 through their counsel of record Michael C. Mills, Esq. of the law firm of Bauman Loewe Witt & 20 Maxwell and hereby enter into the following stipulation regarding the defendants’ Motion for 21 Partial Summary Judgment filed with the court on March 18, 2020. ECF 64. 22 IT IS HEREBY STIPULATED AND AGREED that pursuant to Ferrer v. Okbamicael, 23 390 P.3d 836 (Colo. 2017), since defendant Landforce admits that it is vicariously liable for the 24 1 negligence, if any, of its employee defendant Harris in performing tasks in the course and scope 2 of his employment at the time of the accident at issue in this case, plaintiff’s claim for negligent 3 entrustment is moot and should be dismissed. 4 IT IS FURTHER STIPULATED AND AGREED that with the issues of the defendants’

5 motion for partial summary judgment resolved by this stipulation, the motion is withdrawn and 6 should now be vacated as moot. 7 Dated this 8th day of June, 2020 Dated this 8th day of June, 2020 8 STOVALL & ASSOCIATES Bauman Loewe Witt & Maxwell, PLLC 9 /s/ Ross Moynihan /s/ Michael C. Mills, Esq. ________________________ _________________________________ 10 ROSS MOYNIHAN, ESQ. Michael C. Mills, Esq. Nevada Bar No. 11848 Nevada Bar No. 3534 11 2301 Palomino Lane 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89107 Las Vegas, NV 89130 12 Attorneys for Plaintiff Attorney for Defendants 13 ORDER 14 NOW THEREFORE, based upon the above stipulation of the parties and for good cause 15 appearing, 16 IT IS HEREBY ORDERED ORDERED that Plaintiff’s negligent entrustment claim 17 should be dismissed as moot pursuant to Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017); 18 IT IS FURTHER ORDERED that Defendants’ Motion for Partial Summary 19 Judgment, (ECF No. 64), is DENIED as moot. 20 21 IT IS SO ORDERED 22 Dated this __9__ day of June, 2020 23 ________________________________________ Gloria M. Navarro, District Judge 24 United States District Court