Arch Insurance Company v. Hardy et al
| Nevada District Court | |
| Judge: | Cristina D Silva |
| Referred: | Elayna J Youchah |
| Case #: | 2:23-cv-00370 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity-Insurance Contract |
| Case Filed: | Mar 08, 2023 |
| Last checked: Monday Sep 04, 2023 1:39 AM PDT |
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Defendant
Daniel Hardy
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Represented By
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Defendant
Cindy Thayer
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Represented By
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Defendant
Scott Thayer
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Represented By
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| TERMINATED PARTIES | |
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Counter Claimant
Daniel Hardy
Terminated: 05/10/2023
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Represented By
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Counter Claimant
Cindy Thayer
Terminated: 05/10/2023
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Represented By
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Counter Claimant
Scott Thayer
Terminated: 05/10/2023
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Represented By
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Counter Defendant
Arch Insurance Company
Terminated: 08/09/2023
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Represented By
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Plaintiff
Arch Insurance Company, MI
Terminated: 08/09/2023
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Represented By
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| Docket last updated: 04/22/2024 11:59 PM PDT |
| Tuesday, April 16, 2024 | ||
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minord
Minute Order Order on Discovery Plan and Scheduling Order
Tue 04/16 12:57 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 4/16/2024. By Judicial Assistant: E. Santiago. Pending before the Court is the Proposed Discovery Plan and Scheduling Order (ECF No. 38 ) in which the parties do not agree on how this case should proceed. In the proposed plan the Court is informed there is a related case pending in the unofficial Northern Division of the District. Discovery has proceeded in that matter and, therefore, Daniel Hardy argues discovery should not proceed in the instant case, but should be decided by whomever is assigned to this matter once the case is transferred to a new judge sitting in Reno. The issue regarding potential duplicative discovery is of concern to the Court. However, the parties give this issue short shrift, which leaves the Court without a full understanding of what discovery has been done, what (if any) discovery remains to be conducted in the instant matter, and whether there is any discovery that the parties agree should proceed. Accordingly, IT IS HEREBY ORDERED that the Proposed Discovery Plan and Scheduling Order (ECF No. 38 ) is DENIED. IT IS FURTHER ORDERED that the parties are to provide to the Court a description of all discovery (types, not content) that was completed in Case No. 3:23-cv-00207. IT IS FURTHER ORDERED that the parties are to identify any discovery they agree should proceed in the instant case. If there is no agreement regarding any discovery that should be conducted in this matter, each party must identify the specific types of discovery in which they want to engage and the timeline for completing that discovery. IT IS FURTHER ORDERED that the parties must submit the revised proposed discovery plan and scheduling order no later than April 30, 2024 . IT IS FURTHER ORDERED that if this matter is reassigned to the unofficial Northern Division of the District before April 30, 2024, the parties are relieved of the requirement to submit the revised proposed plan and order. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
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| Monday, April 15, 2024 | ||
| 38 | 38
motion
Discovery Plan and Scheduling Order
Mon 04/15 3:44 PM
First Proposed Discovery Plan and Scheduling Order by Counter Claimant Daniel Hardy. (Jensen, Robert) |
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| 37 | 37
motion
Motion Reassign Case
Mon 04/15 9:05 AM
First MOTION to Reassign Case to Northern Division by Counter Claimant Daniel Hardy. Responses due by 4/29/2024. (Jensen, Robert) |
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| Monday, April 01, 2024 | ||
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minord
Minute Order
Mon 04/01 2:05 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 4/1/2024. By Law Clerk: C. Denbow The Court notes that the parties have not filed a proposed discovery plan and scheduling order in accordance with United States District Court for the District of Nevada Local Rule 26-1. Accordingly, IT IS HEREBY ORDERED that to the extent any discovery is desired or required, the parties must file joint proposed discovery plan and scheduling order or stipulation to stay discovery within 14 days of the date of this Order. If the parties do not desire or require discovery, the parties must propose deadlines for dispositive motions and the joint pretrial order in a joint status report that must be filed within this same 14 day period. (no image attached) (Copies have been distributed pursuant to the NEF - CMD) |
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| Wednesday, August 09, 2023 | ||
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minord
Minute Order Terminate Motion Order on Motion to Dismiss
Wed 08/09 10:35 AM
MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 8/9/2023. Plaintiff Arch Insurance Company seeks final discharge from this interpleader action. ECF No. 32 . While Arch titles its motion as a motion to dismiss itself, I construe it as a motion for final discharge. See Fed. R. Civ. P. 8(e) ("Pleadings must be construed so as to do justice."). And Arch has met its burden to be discharged. See Genworth Life & Annuity Ins. Co. v. Ruckman , 2019 WL 6255480 (D. Nev. Nov. 22, 2019) (describing motions for final discharge in the interpleader context). The defendants who have responded do not oppose Arch's motion. ECF No. 33 . Defendant Daniel Hardy has not responded, despite the deadline to respond passing on July 26, 2023. Regardless, Arch has deposited the entire disputed amount with this court such that it is a disinterested party. ECF No. 29 . And all counterclaims against it have been withdrawn or dismissed as well. ECF No. 21 . Based on the responding defendants' non-opposition and Archs position as a disinterested party that faces no remaining claims in this action, IT IS HEREBY ORDERED that Arch Insurance Company is discharged from this case. IT IS FURTHER ORDERED that Arch is released from all further liability in connection with the subject policy and the interpleader proceeds herein. (no image attached)(Copies have been distributed pursuant to the NEF - JLB) |
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| Tuesday, August 08, 2023 | ||
| 34 | 34
respm
Non-Opposition to Motion
Tue 08/08 10:58 AM
NON-OPPOSITION to32 Motion to Dismiss by Counter Defendant Arch Insurance Company, Plaintiff Arch Insurance Company. (Todd, Dylan) |
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| Friday, July 21, 2023 | ||
| 33 | 33
respm
Non-Opposition to Motion
Fri 07/21 10:35 AM
NON-OPPOSITION to32 Motion to Dismiss by Defendants Cindy Thayer, Scott Thayer. (McGaha, William) |
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| Wednesday, July 12, 2023 | ||
| 32 | 32
motion
Motion Dismiss
Wed 07/12 9:38 AM
MOTION to Dismiss28 Order Authorizing Interpleader Deposit - Sec. 1335,,,31 Certificate of Cash Deposit,30 Notice (Other) by Plaintiff Arch Insurance Company. Responses due by 7/26/2023. (Todd, Dylan) |
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| Tuesday, June 20, 2023 | ||
| 31 | 31
misc
Certificate Cash Deposit
Wed 06/21 12:30 PM
CERTIFICATE of Cash Deposit as to Dylan P. Todd, Esq.: $ 1,000,000.0, receipt number 4450. Re28 Order. (JQC) |
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Att: 1
Cover Letter,
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Att: 2
Receipt #4450
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| 30 | 30
notice
Notice Other
Tue 06/20 12:28 PM
NOTICE Notice of Deposit of Interplead Funds Pursuant to Court Order by Arch Insurance Company re28 Order Authorizing Interpleader Deposit - Sec. 1335,,,..(Todd, Dylan) |
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Att: 1
Exhibit Certificate of Cash Deposit
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| Wednesday, June 07, 2023 | ||
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minutes
Scheduling Conference
Wed 06/07 1:56 PM
MINUTES OF PROCEEDINGS - Scheduling Conference held on 6/7/2023 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia ; Pla Counsel: Dylan Todd via zoom ; Def Counsel: Robert Jensen via zoom and William McGaha in person ; Recording start and end times: 1:37p.m. - 1:44p.m. ; Courtroom: 3D ; The Court makes preliminary remarks and hears representations of counsel regarding status of this case. Parties are to file a joint status report on or before September 5, 2023 as discussed in open court. (no image attached) (Copies have been distributed pursuant to the NEF - EMG) |
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| Thursday, June 01, 2023 | ||
| 28 | 28
3
pgs
order
Order Authorizing Interpleader Deposit - Sec. 1335
Fri 06/02 2:11 PM
ORDER Granting25 Motion for Interpleader Deposit of Disputed Ownership Funds (28 U.S.C. Section 1335) Authorized deposit in the amount of $$1,000,000.00. Signed by Magistrate Judge Elayna J. Youchah on 6/1/2023. (Copies have been distributed pursuant to the NEF -cc: Finance - JQC) |
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| 27 | 27
respm
Non-Opposition to Motion
Thu 06/01 2:32 PM
NON-OPPOSITION to25 Motion for Interpleader Deposit Disputed Ownership Funds - Sec. 1335 by Defendant Daniel Hardy. (Jensen, Robert) |
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| Monday, May 29, 2023 | ||
| 26 | 26
respm
Non-Opposition to Motion
Mon 05/29 8:17 AM
NON-OPPOSITION to25 Motion for Interpleader Deposit Disputed Ownership Funds - Sec. 1335 by Defendants Cindy Thayer, Scott Thayer. (McGaha, William) |
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| Friday, May 26, 2023 | ||
| 25 | 25
motion
Motion Interpleader Deposit Disputed Ownership Funds
Fri 05/26 1:41 PM
MOTION for Interpleader Deposit of Disputed Ownership Funds (28 U.S.C. Section 1335) by Plaintiff Arch Insurance Company. Responses due by 6/9/2023. (Todd, Dylan) |
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| Thursday, May 25, 2023 | ||
| 23 | 23
motion
Stipulation
Thu 05/25 10:54 AM
STIPULATION and Order for Defendant's Counsel to Attend Scheduling Conference Via Zoom by Counter Claimant Daniel Hardy. (Jensen, Robert) (other) (presiding) |
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minord
Minute Order Order on Stipulation
Thu 05/25 2:35 PM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/25/2023. By Law Clerk: C. Ponder. Before the Court is the parties' Stipulation for Defendant's Counsel to Attend Scheduling Conference by Zoom. ECF No. 23 . IT IS HEREBY ORDERED that the parties' Stipulation for Defendant's Counsel to Attend Scheduling Conference by Zoom (ECF No. 23 ) is GRANTED. IT IS FURTHER ORDERED that counsel shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, no later than 12:00 p.m. on June 6, 2023, at Elvia_Garcia@nvd.uscourts.gov , and provide the email addresses for counsel participants. The courtroom deputy shall email all participants with the Zoom link. IT IS FURTHER ORDERED that persons granted with remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (no image attached) (Copies have been distributed pursuant to the NEF - CMP) |
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| Friday, May 19, 2023 | ||
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minord
Minute Order Order on Motion for Miscellaneous Relief
Fri 05/19 8:31 AM
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/19/2023. By Judicial Assistant: E. Santiago. Pending before the Court is Plaintiff Arch Insurance Company's Motion for Scheduling Conference Pursuant to Local Rule 22-1 (ECF No. 19 ). No response to the Motion was timely filed. The Motion seeks a scheduling conference in accordance with Local Rule 22-1. Under Local Rule 7-2(d) the failure of a non movant to oppose a motion may be treated by the Court as agreement that the Court should grant the motion. Accordingly, IT IS HEREBY ORDERED that Plaintiff Arch Insurance Company's Motion for Scheduling Conference Pursuant to Local Rule 22-1 (ECF No. 19 ) is GRANTED. IT IS FURTHER ORDERED that an in-person scheduling conference is set for June 7, 2023 at 1:30 p.m. in Courtroom 3D . (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
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| Wednesday, May 10, 2023 | ||
| 21 | 21
2
pgs
order
Order on Stipulation ~Util - Add and Terminate Parties
Wed 05/10 5:46 PM
ORDER Granting20 Stipulation Withdrawing Counterclaims of Daniel Hardy, Scott Thayer and Cindy Thayer. Signed by Judge Cristina D. Silva. (Copies have been distributed pursuant to the NEF - JQC) |
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| Tuesday, May 09, 2023 | ||
| 20 | 20
motion
Stipulation
Tue 05/09 9:34 AM
STIPULATION and Proposed Order Withdrawing Counterclaims of Daniel Hardy, Scott Thayer and Cindy Thayer re13 Answer to Complaint,,, Counterclaim,,1 Complaint,,15 Answer to Complaint, Counterclaim by Plaintiff Arch Insurance Company. (Todd, Dylan) (other) (presiding) |
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| Thursday, May 04, 2023 | ||
| 19 | 19
motion
Motion Miscellaneous Relief
Thu 05/04 4:49 PM
MOTION for Scheduling Conference Pursuant to Local Rule 22-1 by Plaintiff Arch Insurance Company. Responses due by 5/18/2023. (Todd, Dylan) (misc) (presiding) |
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| Wednesday, April 26, 2023 | ||
| 18 | 18
2
pgs
order
Order on Stipulation
Thu 04/27 11:35 AM
ORDER Granting17 Stipulation for Extension of Time. Responses to the counterclaims due by 5/10/2023. Signed by Magistrate Judge Elayna J. Youchah on 4/26/2023. (Copies have been distributed pursuant to the NEF - JQC) |
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| 17 | 17
motion
Stipulation
Wed 04/26 3:22 PM
First STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Counterclaims re13 Answer to Complaint,,, Counterclaim,,15 Answer to Complaint, Counterclaim by Plaintiff Arch Insurance Company. (Todd, Dylan) (extend) (answer) |
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| Thursday, April 06, 2023 | ||
| 16 | 16
misc
Certificate Interested Parties
Thu 04/06 5:01 PM
CERTIFICATE of Interested Parties by Daniel Hardy that identifies all parties that have an interest in the outcome of this case.. (Jensen, Robert) |
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| 15 | 15
answer
Answer to Complaint Counterclaim
Thu 04/06 4:58 PM
ANSWER to1 Complaint,, , COUNTERCLAIM against All Plaintiffs by Daniel Hardy. filed by Daniel Hardy.(Jensen, Robert) |
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| Wednesday, April 05, 2023 | ||
| 14 | 14
misc
Certificate Interested Parties
Wed 04/05 9:45 AM
CERTIFICATE of Interested Parties by Cindy Thayer, Scott Thayer. There are no known interested parties other than those participating in the case. (McGaha, William) |
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| 13 | 13
answer
Answer to Complaint Counterclaim
Wed 04/05 9:43 AM
ANSWER to1 Complaint,, ( Certificate of Interested Parties due by 4/15/2023., Discovery Plan/Scheduling Order due by 5/20/2023.), COUNTERCLAIM against Arch Insurance Company by Cindy Thayer, Scott Thayer. filed by Cindy Thayer, Scott Thayer.(McGaha, William) |
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| Tuesday, April 04, 2023 | ||
| 12 | 12
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pgs
order
Order on Stipulation
Tue 04/04 9:44 AM
ORDER Granting10 Stipulation to Extend Deadline to Answer1 Complaint. Daniel Hardy answer due 4/13/2023. Signed by Magistrate Judge Elayna J. Youchah on 4/4/2023. (Copies have been distributed pursuant to the NEF - KF) |
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| 11 | 11
2
pgs
order
Order on Stipulation
Tue 04/04 9:42 AM
ORDER Denying as moot9 Stipulation for Extension of time. See ECF No.10 . Signed by Magistrate Judge Elayna J. Youchah on 4/4/2023.(Copies have been distributed pursuant to the NEF - KF) |
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| Friday, March 31, 2023 | ||
| 10 | 10
motion
Stipulation
Fri 03/31 2:57 PM
First STIPULATION and Order for Extension of Time to Respond to Complaint in Interpleader by Defendant Daniel Hardy. (Jensen, Robert) (other) (presiding) |
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| 9 | 9
motion
Stipulation
Fri 03/31 2:05 PM
Joint STIPULATION and Order for Extension of Time to Respond to Complaint in Interpleader by Defendant Daniel Hardy. (Jensen, Robert) (other) (presiding) |
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| Tuesday, March 21, 2023 | ||
| 8 | 8
service
Summons Returned Executed
Tue 03/21 12:52 PM
SUMMONS Returned Executed by Arch Insurance Company re7 Summons Issued. Daniel Hardy served on 3/14/2023. (Todd, Dylan) |
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| Monday, March 13, 2023 | ||
| 7 | 7
service
Summons Issued
Mon 03/13 1:31 PM
SUMMONS ISSUED as to All Defendants re1 Complaint. (TRW) |
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Att: 1
Summons,
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Att: 2
Summons
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| 6 | 6
service
Proposed Summons to be issued
Mon 03/13 1:10 PM
PROPOSED SUMMONS to be issued Cindy Thayer by Plaintiff Arch Insurance Company. (Todd, Dylan) |
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| 5 | 5
service
Proposed Summons to be issued
Mon 03/13 1:09 PM
PROPOSED SUMMONS to be issued to Scott Thayer by Plaintiff Arch Insurance Company. (Todd, Dylan) |
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| 4 | 4
service
Proposed Summons to be issued
Mon 03/13 1:08 PM
PROPOSED SUMMONS to be issued to Daniel Hardy by Plaintiff Arch Insurance Company. (Todd, Dylan) |
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| Wednesday, March 08, 2023 | ||
| 2 | 2
misc
Certificate Interested Parties
Wed 03/08 3:40 PM
CERTIFICATE of Interested Parties by Arch Insurance Company that identifies all parties that have an interest in the outcome of this case. Corporate Parent Arch Reinsurance Company, Corporate Parent Arch Capital Group Ltd. for Arch Insurance Company added.. (Todd, Dylan) |
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| 1 | 1
6
pgs
cmp
Complaint
Wed 03/08 3:35 PM
COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7229985) by Arch Insurance Company. Certificate of Interested Parties due by 3/18/2023. Proof of service due by 6/6/2023. (Todd, Dylan) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Civil Cover Sheet
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utility
Assign Judges in Civil Case
Thu 03/09 8:00 AM
Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Elayna J. Youchah. (KF) |
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order
Standing Order
Thu 03/09 8:01 AM
STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink[LINK:www.nvd.uscourts.gov] . (Copies have been distributed pursuant to the NEF - KF) |
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