1 Sheri M. Thome, Esq. Nevada Bar No. 008657 2 Steve Shevorski, Esq. Nevada Bar No. 008256 3 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 4 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 5 Telephone: 702.727.1400 Facsimile: 702.727.1401 6 Email: Sheri.Thome@wilsonelser.com Email: Steve.Shevorski@wilsonelser.com 7 Attorneys for Defendant Ironshore Specialty Insurance Company 8
9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 COMMISSIONER OF INSURANCE FOR Case No. 2:23-cv-00537-JCM-BNW THE STATE OF NEVADA AS RECEIVER 12 OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., DEFENDANT IRONSHORE SPECIALTY 13 INSURANCE COMPANY’S MOTION FOR Plaintiff, AN EXTENSION OF TIME TO FILE A 14 RESPONSE TO PLAINTIFF’S v. COMPLAINT 15 IRONSHORE SPECIALTY INSURANCE (First Request) 16 COMPANY; CATLIN INSURANCE COMPANY, INC., 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). 25 MEMORANDUM OF POINTS AND AUTHORITIES 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 discretion of the trial court. F.T.C. v. Gill, 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of 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 93. 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. /d. 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 Pursuant to Federal Rule of Civil Procedure By: /s/ Sheri M. Thome ___ 6(b) and Local Rule IA 6-1, the Court finds Sheri M. Thome, Esq. ~ . Nevada Bar No. 008657 23 good cause to extend the time to answer until Steve Shevorski, Esq. 34 August 14, 2023. Nevada Bar No. 008256 6689 Las Vegas Blvd. South, Suite 200 IT IS SO ORDERED Las Vegas, Nevada 89119 29 DATED: 10:45 am, July 31, 2023 Attorneys for Defendant Tronshore Specialty Insurance Company || Rawle □□ 28 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE ry
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 9 party in this case who is registered as an electronic case filing user with the Clerk; 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 Brenoch Wirthlin, Esq. 14 Traci Cassity, Esq. HUTCHISON & STEFFEN 15 10080 West Alta Drive, Suite 200 Las Vegas, Nevada 89145 16 Telephone: (702) 385.2500 Facsimile: (702) 385.2086 17 E-Mail: bwirthlin@hutchlegal.com Attorneys for Plaintiff 18 19 BY: /s/ Lani Maile 20 An Employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 21 22 23 24 25 26 27 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-000001- A-000002 B. Emails from Sheri Thome to Brenoch Wirthlin B-000001 EXHIBIT A
Declaration of Steve Shevorski, Esq. 1 Sheri M. Thome, Esq. Nevada Bar No. 008657 2 Steve Shevorski, Esq. Nevada Bar No. 008256 3 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 4 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 5 Telephone: 702.727.1400 Facsimile: 702.727.1401 6 Email: Sheri.Thome@wilsonelser.com Email: Steve.Shevorski@wilsonelser.com 7 Attorneys for Defendant Ironshore Specialty Insurance Company 8
9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 COMMISSIONER OF INSURANCE FOR Case No. 2:23-cv-00537-JCM-BNW THE STATE OF NEVADA AS RECEIVER 12 OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., DECLARATION OF STEVE SHEVORSKI, 13 ESQ. IN SUPPORT OF DEFENDANT Plaintiff, IRONSHORE SPECIALTY INSURANCE 14 COMPANY’S MOTION FOR AN v. EXTENSION OF TIME TO FILE A 15 RESPONSE TO PLAINTIFF’S IRONSHORE SPECIALTY INSURANCE COMPLAINT 16 COMPANY; CATLIN INSURANCE COMPANY, INC., (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 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 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 4.
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1 Sheri M. Thome, Esq. Nevada Bar No. 008657 2 Steve Shevorski, Esq. Nevada Bar No. 008256 3 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 4 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 5 Telephone: 702.727.1400 Facsimile: 702.727.1401 6 Email: Sheri.Thome@wilsonelser.com Email: Steve.Shevorski@wilsonelser.com 7 Attorneys for Defendant Ironshore Specialty Insurance Company 8
9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 COMMISSIONER OF INSURANCE FOR Case No. 2:23-cv-00537-JCM-BNW THE STATE OF NEVADA AS RECEIVER 12 OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., DEFENDANT IRONSHORE SPECIALTY 13 INSURANCE COMPANY’S MOTION FOR Plaintiff, AN EXTENSION OF TIME TO FILE A 14 RESPONSE TO PLAINTIFF’S v. COMPLAINT 15 IRONSHORE SPECIALTY INSURANCE (First Request) 16 COMPANY; CATLIN INSURANCE COMPANY, INC., 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). 25 MEMORANDUM OF POINTS AND AUTHORITIES 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 discretion of the trial court. F.T.C. v. Gill, 265 F.3d 944, 954-55 (9th Cir. 2001). Federal Rule of 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 93. 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. /d. 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 Pursuant to Federal Rule of Civil Procedure By: /s/ Sheri M. Thome ___ 6(b) and Local Rule IA 6-1, the Court finds Sheri M. Thome, Esq. ~ . Nevada Bar No. 008657 23 good cause to extend the time to answer until Steve Shevorski, Esq. 34 August 14, 2023. Nevada Bar No. 008256 6689 Las Vegas Blvd. South, Suite 200 IT IS SO ORDERED Las Vegas, Nevada 89119 29 DATED: 10:45 am, July 31, 2023 Attorneys for Defendant Tronshore Specialty Insurance Company || Rawle □□ 28 BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE ry
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 9 party in this case who is registered as an electronic case filing user with the Clerk; 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 Brenoch Wirthlin, Esq. 14 Traci Cassity, Esq. HUTCHISON & STEFFEN 15 10080 West Alta Drive, Suite 200 Las Vegas, Nevada 89145 16 Telephone: (702) 385.2500 Facsimile: (702) 385.2086 17 E-Mail: bwirthlin@hutchlegal.com Attorneys for Plaintiff 18 19 BY: /s/ Lani Maile 20 An Employee of WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 21 22 23 24 25 26 27 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-000001- A-000002 B. Emails from Sheri Thome to Brenoch Wirthlin B-000001 EXHIBIT A
Declaration of Steve Shevorski, Esq. 1 Sheri M. Thome, Esq. Nevada Bar No. 008657 2 Steve Shevorski, Esq. Nevada Bar No. 008256 3 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 4 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, Nevada 89119 5 Telephone: 702.727.1400 Facsimile: 702.727.1401 6 Email: Sheri.Thome@wilsonelser.com Email: Steve.Shevorski@wilsonelser.com 7 Attorneys for Defendant Ironshore Specialty Insurance Company 8
9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 COMMISSIONER OF INSURANCE FOR Case No. 2:23-cv-00537-JCM-BNW THE STATE OF NEVADA AS RECEIVER 12 OF LEWIS AND CLARK LTC RISK RETENTION GROUP, INC., DECLARATION OF STEVE SHEVORSKI, 13 ESQ. IN SUPPORT OF DEFENDANT Plaintiff, IRONSHORE SPECIALTY INSURANCE 14 COMPANY’S MOTION FOR AN v. EXTENSION OF TIME TO FILE A 15 RESPONSE TO PLAINTIFF’S IRONSHORE SPECIALTY INSURANCE COMPLAINT 16 COMPANY; CATLIN INSURANCE COMPANY, INC., (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 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 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 4. I also called the Commissioner’s counsel on July 27, 2023 but have not, as yet, 5 received a response to my voicemail. 6 5. Conflicts are now clear and Wilson Elser intends to appear and defend Ironshore 7 against the Commissioner’s complaint. 8 6. Ironshore requests this extension of time to review the Commissioner’s allegations, 9 conduct any research necessary to respond to them, and to draft a response that Ironshore will file 10 with this Court. 11 7. Ironshore submits this request for a short 14-day extension in good faith and not for 12 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. 16 Steve Shevorski, Esq. 17 18 19 20 21 22 23 24 25 26 27 EXHIBIT B
E ails fro Sheri Tho e to Brenoch irthlin From: Thome, Sheri Sent: Thursday, July 27, 2023 12:15 PM To: bwirthlin@hutchlegal.com Cc: Maile, Lani U.; Shevorski, Steve Subject: 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. 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)