Nautilus Insurance Company v. Access Medical, LLC

Opinion

1 CASEY J. QUINN NEVADA BAR NO. 11248 2 SELMAN BREITMAN LLP 3993 Howard Hughes Parkway, Suite 200 3 Las Vegas, NV 89169 Telephone: 702-228-7717 4 Facsimile: 702-228-8824 Email: cquinn@selmanlaw.com 5 6 LINDA WENDELL HSU (PRO HAC VICE) CALIFORNIA BAR NO. 162971 7 SELMAN BREITMAN LLP 33 New Montgomery Street, Sixth Floor 8 San Francisco, CA 94105 Telephone: 415-979-2024 9 Facsimile: 415-979-2099 10 Email: lhsu@selmanlaw.com 11 Attorneys for Plaintiff NAUTILUS INSURANCE COMPANY 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 NAUTILUS INSURANCE COMPANY, Case No. 2:15-CV-00321-JAD-BNW 16 Plaintiff, 17 STIPULATION AND ORDER ON v. EXTENSION OF DEADLINE TO FILE 18 NEW MOTION REGARDING THE ACCESS MEDICAL, LLC, ROBERT REASONABLENESS OF NAUTILUS’S 19 “SONNY” WOOD, II, REIMBURSEABLE DEFENSE EXPENDITURES 20 Defendants. [FIRST REQUEST] 21 ECF No. 196 22 23 Plaintiff, Nautilus Insurance Company (“Plaintiff”), by and through its counsel, Selman 24 Breitman, LLP, and Defendants, Access Medical, LLC, and Robert “Sonny” Wood, II (collectively, 25 “Defendants”), by and through their counsel, the Schnitzer Law Firm, hereby stipulate to extend 26 Plaintiff’s deadline from November 24, 2022, to December 23, 2022, to file a new motion as 27 1 contemplated in the Court’s Order Granting in Part and Denying in Part Nautilus’s Motion for Summary Judgment (ECF No. 194) (“Order”). 2 3 In the Order, the Court held that it was unable to make a determination whether Nautilus’ 4 pre-complaint expenditures on the insureds’ behalf were reasonable. As a result, it denied that part 5 of Nautilus’ motion for summary judgment requesting a ruling that such expenditures were 6 reasonable, without prejudice. However, the Court allowed Nautilus 14 days from the date of the 7 entry of the Order to file a new motion on the narrow issue of whether the amount of attorney fees 8 expended by Nautilus in the underlying Switzer action was reasonable under local practices and 9 reasonable under the factors set forth in Brunzell v. Golden Gate Nat. Bank, 455 P.2d 31 (Nev. 10 1969). Given that the Order was entered on November 10, 2022, the deadline for filing such a new 11 motion is November 24, 2022. By this stipulation, the parties agree to continue this deadline to 12 December 23, 2022. This is the first request to extend this deadline. 13 Good cause exists to extend Nautilus’ deadline to file a new motion. First, the attorney fee 14 analysis requested requires Nautilus to analyze the following factors set forth in Brunzell v. Golden 15 Gate Nat. Bank, 455 P.2d 31 (Nev. 1969): 16 17 (1) the qualities of the advocate: his ability, his training, education, experience, professional standing and skill; (2) the character of the work to be done: its 18 difficulty, its intricacy, its importance, time and skill required, the responsibility imposed and the prominence and character of the parties where they affect the 19 importance of the litigation; (3) the work actually performed by the lawyer: the skill, time and attention given to the work; [and] (4) the result: whether the attorney 20 was successful and what benefits were derived. 21 See Order at 13. Nautilus has determined that it needs more than 14 days to perform the analysis 22 required to assess the factors listed above. This request is made in good faith and is not intended to 23 unreasonably delay this matter. 24 25 Based on the foregoing, the parties respectfully request that this Court extend Nautilus’ 26 deadline to file a new motion on the reasonableness of its attorney fee request from November 24, 27 2022, to December 23, 2022. 1 Dated this 23rd day of November, 2022. 2 SELMAN BREITMAN LLP THE SCHNITZER LAW FIRM 3 4 By: /s/ Casey J. Quinn By: /s/ Jordan P. Schnitzer 5 CASEY J. QUINN, NV Bar #2798 JORDAN P. SCHNITZER, NV Bar #10744 LINDA WENDELL HSU, pro hac vice 9205 W. Russell Road, Suite 240 6 3993 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89148 Las Vegas, NV 89169 7 Attorneys for Plaintiff Nautilus Insurance Co. Attorneys for Defendants Access Medical LLC 8 & Robert “Sonny” Wood, II 9 Lo ORDER 11 Based on the parties’ stipulation [ECF No. 196] and good cause appearing, IT I 12 ORDERED THAT the deadline for the filing of Nautilus’s new motion regarding th 13 reasonableness of its attorney fee request is extended from November 24, 2022, to Decembe 4 23, 2022. 14 <] LYN, 15 | DATED: November 29, 2022, nunc —___{& U +6 | Pro tunc to November 24, 2022. UNITED STATES BISTRICKIJUDGE JENNIFER A. DORSEY 17 18 19 20 21 22 23 24 25 26 27 28 35805 VE