MAF, Inc. v. Isaac

2:22-cv-01073 | Nevada District Court

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Division Las Vegas
Judge Judge Anne R. Traum
Filed July 6, 2022
Magistrate Magistrate Judge Cam Ferenbach
Nature of Suit 190 Contract - Other
Cause 28:1332 Diversity-Other Contract
Jury Demand Plaintiff
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Filing Date # Docket Text
7/9/2024 ORDER granting ECF No. 64 STIPULATION TO DISMISS WITH PREJUDICE. Each party shall bear its and his own respective attorneys' fees, costs, and expenses in connection with and related to the above-captioned matter. Signed by District Judge Anne R. Traum on 7/9/2024. (Copies have been distributed pursuant to the NEF - GA)
7/2/2024Stipulation
5/1/2024Order on Motion for Judgment, Order on Motion for Leave to File Excess Pages, Minute Order, Order on Motion for Miscellaneous Relief
4/26/2024Response
4/19/2024Reply
4/13/2024Response
4/13/2024Motion Judgment
3/30/2024Motion Leave to File Document/Excess Pages
3/30/2024Motion Miscellaneous Relief
3/29/2024Judgment
3/29/2024 ORDER. IT IS ORDERED that MAF's 26 Motion for Summary Judgment is granted in part and denying in part.

The Court finds in favor of MAF's breach of contract claim but denies MAF's declaratory relief claim for being duplicative. The Court also finds in favor of MAF with regards to all of Isaac's counterclaims.

IT IS FURTHER ORDERED that MAF is entitled to a judgment in the amount of $690,000.

The Clerk of Court is directed to enter judgment accordingly and close this case.

This case is now closed.

Signed by District Judge Anne R. Traum on 3/29/2024. (Copies have been distributed pursuant to the NEF - AMMi)

1/30/2024~Util - Set/Reset Deadlines & Hearings (non motion deadlines), Order Setting Settlement Conference
1/24/2024Minute Order, Order on Stipulation
1/13/2024Stipulation
1/9/2024MDC - Clerks Notice Reassign Judge
11/14/2023 ORDER granting 45 Stipulation re 26 Motion for Summary Judgment. IT IS HEREBY ORDERED that Isaacs Response to MAFs Motion for Summary Judgment 26 shall be filed and served on or before January 9, 2024. IT IS FURTHER ORDERED that MAFs Reply in support of its Motion for Summary Judgment shall be filed and served on or before January 23, 2024. Signed by District Judge Anne R. Traum on 11/14/2023. (Copies have been distributed pursuant to the NEF - CAH)
11/13/2023 ORDER Granting 44 Stipulation for Extension of Time.

The deadline for the Parties to complete all fact discovery in this matter shall be extended from December 14, 2023 to 30 days after the Magistrate Judge Settlement Conference.

The deadline for the Parties to file dispositive motions shall be extended from January 15, 2024 to 30 days after the Discovery Cut-off Date.

The deadline for the Parties to prepare a Consolidated Pre-Trial Order shall be extended from February 13, 2024 to 30 days after the Discovery Cut-off Date or final order resolving the last dispositive motion, whichever is later.

Signed by Magistrate Judge Cam Ferenbach on 11/13/2023.

(Copies have been distributed pursuant to the NEF - RGDG)

11/10/2023Stipulation
11/10/2023Stipulation
8/11/2023 ORDER Granting 41 Stipulation Setting Briefing Schedule. Responses due by 11/9/2023. Replies due by 11/23/2023. Signed by District Judge Anne R. Traum on 8/11/2023. (Copies have been distributed pursuant to the NEF - RGDG)
8/10/2023Scheduling Order, Order on Stipulation
8/10/2023Stipulation
8/10/2023Stipulation
7/17/2023Notice Other
5/15/2023 ORDER Granting 36 Stipulation Setting Briefing Schedule on 26 Motion for Summary Judgment. Responses due by 8/11/2022. Replies due by 8/25/2023. Signed by District Judge Anne R. Traum on 5/15/2023. (Copies have been distributed pursuant to the NEF - ALZ)
5/5/2023Scheduling Order, Order on Stipulation
4/26/2023Order on Stipulation, Order on Stipulation
4/3/2023Order on Motion to Withdraw as Attorney
3/15/2023Order on Stipulation
3/10/2023 ORDER - IT IS HEREBY ORDERED that an in-person hearing on are the motion to withdraw as attorney (ECF No. 27 ) and the stipulation and order to stay of proceedings, continue case deadlines, and to extend discovery (ECF Nos. 28 and 29 ), is scheduled for 4/3/2023 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 3/10/2023. (Copies have been distributed pursuant to the NEF - CJS)
10/14/2022Scheduling Order, Order on Discovery Plan and Scheduling Order
8/30/2022 ORDER withdrawing as moot 9 Motion to Dismiss; ORDER withdrawing as moot 11 Motion to Stay Case; ORDER withdrawing as moot 12 , 13 Motions for Substituted Service of Process and Order Shortening Time. John Isaac answer due 9/12/2022. Discovery Plan/Scheduling Order due by 10/12/2022. Signed by Magistrate Judge Cam Ferenbach on 8/30/2022. (Copies have been distributed pursuant to the NEF - HAM) (Entered: 08/30/2022)
8/29/2022 STIPULATION and [Proposed] Order Re: Acceptance of Service, Setting Response Deadline, and Withdrawing Motions as Moot re 12 Motion for Service by Publication, 11 Motion to Stay Case or Discovery, 9 Motion to Dismiss,, 13 Motion to Extend/Shorten Time, by Defendant John Isaac. (Miltenberger, Christopher) (other) (presiding) (Entered: 08/29/2022)
8/26/2022 RESPONSE to 11 Motion to Stay Case or Discovery by Plaintiff MAF, Inc.. Replies due by 9/2/2022. (Fears, Chad) (Entered: 08/26/2022)
8/22/2022 RESPONSE to 9 Motion to Dismiss,, by Plaintiff MAF, Inc.. Replies due by 8/29/2022. (Fears, Chad) (Entered: 08/22/2022)
8/18/2022 MOTION to Shorten Time re 12 Motion for Service by Publication, by Plaintiff MAF, Inc.. Responses due by 9/1/2022. (Attachments: # 1 Exhibit 1 - Affidavit of Attempts, # 2 Exhibit 2 - Affidavit Diligence to Effect Personal Service, # 3 Exhibit 3 - Email from J. Bookhout to Christopher Miltenberger and Elliot Anderson)(Fears, Chad) (nondispositive) (Entered: 08/18/2022)
8/18/2022 MOTION for Service by Publication / Substituted Service re 5 Affidavit by Plaintiff MAF, Inc.. (Attachments: # 1 Exhibit 1 - Affidavit of Attempts, # 2 Exhibit 2 - Affidavit Diligence to Effect Personal Service, # 3 Exhibit 3 - Email from J. Bookhout to Christopher Miltenberger and Elliot Anderson)(Fears, Chad) (Entered: 08/18/2022)
8/15/2022 MOTION to Stay Discovery re 9 Motion to Dismiss,, by Defendant John Isaac. Responses due by 8/29/2022. (Miltenberger, Christopher) (Entered: 08/15/2022)
8/8/2022 CERTIFICATE of Interested Parties by John Isaac. There are no known interested parties other than those participating in the case. (Miltenberger, Christopher) (Entered: 08/08/2022)
8/8/2022 MOTION to Dismiss 1 Complaint,,, by Defendant John Isaac. Responses due by 8/22/2022. Discovery Plan/Scheduling Order due by 9/22/2022. (Attachments: # 1 Exhibit A - Declaration of Viktorya Isaac)(Miltenberger, Christopher)

NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 08/08/2022)

7/25/2022 ORDER approving ECF No. 7 Verified Petition for Permission to Practice Pro Hac Vice by James Bookhout and approving Designation of Local Counsel Chad R. Fears. Signed by District Judge Anne R. Traum on 7/25/2022.


Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website www.pacer.gov

(Copies have been distributed pursuant to the NEF - HKL) (Entered: 07/25/2022)

7/21/2022 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by James Bookhout and DESIGNATION of Local Counsel Chad R. Fears (Filing fee $ 250 receipt number ANVDC-6981271) by Plaintiff MAF, Inc.. (Fears, Chad) (Entered: 07/21/2022)
7/19/20226 NOTICE: Attorney Action Required to 5 Affidavit. Attorney Chad Fears advised that in all future filings regarding service to select summons returned executed which can be found under subtitle service of process instead of a regular affidavit. Counsel is advised if unsure what event to select to call the Clerk's office for help in selecting the proper event. No further action required on counsel part regarding this entry. QC made corrections to the docket. (no image attached) (WJ) (Entered: 07/19/2022)
7/18/2022 AFFIDAVIT re 1 Complaint,,, 4 Summons Issued by Plaintiff MAF, Inc... (Fears, Chad) (Entered: 07/18/2022)
7/7/2022 SUMMONS ISSUED as to John Isaac re 1 Complaint. (EDS) (Entered: 07/07/2022)
7/7/20223 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel James Bookhout to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - www.nvd.uscourts.gov.

Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the PACER website www.pacer.gov to register Attorney. Verified Petition due by 7/21/2022. (no image attached) (EDS) (Entered: 07/07/2022)

7/7/2022Case randomly assigned to District Judge Anne R. Traum and Magistrate Judge Cam Ferenbach. (EDS) (Entered: 07/07/2022)
7/6/2022 CERTIFICATE of Interested Parties by MAF, Inc.. There are no known interested parties other than those participating in the case (Fears, Chad) (Entered: 07/06/2022)
7/6/2022 COMPLAINT against John Isaac (Filing fee $402 receipt number ANVDC-6964659) by MAF, Inc.. Proof of service due by 10/4/2022. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Adjuster Contract, # 3 Exhibit B - Invoice, # 4 Exhibit C - Check to J. Isaac and WorldClaim, Inc., # 5 Exhibit D - Email Chain dated May 24, 2022, # 6 Exhibit E - Check from J. Isaac to Ironclaim, # 7 Exhibit F - Email Chain dated May 27, 2022, # 8 Civil Cover Sheet, # 9 Summons) (Fears, Chad)

NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 07/06/2022)