Nautilus Insurance Company v. Access Medical, LLC

1 CASEY J. QUINN NEVADA BAR NO. 11248 SELMAN BREITMAN LLP 3993 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89169 Telephone: 702-228-7717 Facsimile: 702-228-8824 Email: [email protected] LINDA WENDELL HSU (PRO HAC VICE) CALIFORNIA BAR NO. 162971 SELMAN BREITMAN LLP New Montgomery Street, Sixth Floor San Francisco, CA 94105 Telephone: 415-979-2024 Facsimile: 415-979-2099 Email: [email protected] Attorneys for Plaintiff NAUTILUS INSURANCE COMPANY 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA NAUTILUS INSURANCE COMPANY, Case No. 2:15-CV-00321-JAD-BNW 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 “SONNY” WOOD, II, REIMBURSEABLE DEFENSE EXPENDITURES 20 Defendants. [FIRST REQUEST] 21 ECF No. 196 23 Plaintiff, Nautilus Insurance Company (“Plaintiff”), by and through its counsel, Selman Breitman, LLP, and Defendants, Access Medical, LLC, and Robert “Sonny” Wood, II (collectively, “Defendants”), by and through their counsel, the Schnitzer Law Firm, hereby stipulate to extend Plaintiff’s deadline from November 24, 2022, to December 23, 2022, to file a new motion as contemplated in the Court’s Order Granting in Part and Denying in Part Nautilus’s Motion for Summary Judgment (ECF No. 194) (“Order”).

3 In the Order, the Court held that it was unable to make a determination whether Nautilus’ pre-complaint expenditures on the insureds’ behalf were reasonable. As a result, it denied that part of Nautilus’ motion for summary judgment requesting a ruling that such expenditures were reasonable, without prejudice. However, the Court allowed Nautilus 14 days from the date of the entry of the Order to file a new motion on the narrow issue of whether the amount of attorney fees expended by Nautilus in the underlying Switzer action was reasonable under local practices and reasonable under the factors set forth in Brunzell v. Golden Gate Nat. Bank, 455 P.2d 31 (Nev. 1969). Given that the Order was entered on November 10, 2022, the deadline for filing such a new motion is November 24, 2022. By this stipulation, the parties agree to continue this deadline to December 23, 2022. This is the first request to extend this deadline.

Good cause exists to extend Nautilus’ deadline to file a new motion. First, the attorney fee analysis requested requires Nautilus to analyze the following factors set forth in Brunzell v. Golden Gate Nat. Bank, 455 P.2d 31 (Nev. 1969): 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 was successful and what benefits were derived.

See Order at 13. Nautilus has determined that it needs more than 14 days to perform the analysis required to assess the factors listed above. This request is made in good faith and is not intended to unreasonably delay this matter.

Based on the foregoing, the parties respectfully request that this Court extend Nautilus’ deadline to file a new motion on the reasonableness of its attorney fee request from November 24, 2022, to December 23, 2022.

1 Dated this 23rd day of November, 2022.

SELMAN BREITMAN LLP THE SCHNITZER LAW FIRM 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 Attorneys for Plaintiff Nautilus Insurance Co. Attorneys for Defendants Access Medical LLC 8 & Robert “Sonny” Wood, II 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 23, 2022. <] LYN, | DATED: November 29, 2022, nunc —___{& U +6 | Pro tunc to November 24, 2022. UNITED STATES BISTRICKIJUDGE JENNIFER A. DORSEY 35805 VE