Wood et al v. Nautilus Insurance Company
Plaintiff: Access Medical, LLC and Robert Wood
Defendant: Nautilus Insurance Company
Unknown: David A. Astengo
Case Number: 2:2017cv02393
Filed: September 13, 2017
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M. Du
Presiding Judge: Carl W. Hoffman
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Insurance Contract
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 30, 2024 Opinion or Order Filing 447 ORDER granting 446 Stipulation for Approval of Bond and Stay of Execution Pending Appeal. 1. Nautilus will bond the amount of $445,000. 2. Such bond shall be provided within 30 days of the date of the Order on this Stipulation. 3. Nautilus shall file notice that the bond has been provided within 35 days of the date of this Order. 4. Execution on the Judgment is hereby stayed pursuant to Federal Rule of Civil Procedure 62(b ). 5. If Notice is not provided as set forth in Paragraph 3 of this Order, Nautilus shall show cause why the stay on execution of the Judgment shall not be lifted. Signed by Chief Judge Miranda M. Du on 1/30/2024. (Copies have been distributed pursuant to the NEF - CT)
December 18, 2023 Opinion or Order Filing 431 BENCH ORDER. IT IS ORDERED that Plaintiffs' 421 Motion to Amend Complaint is DENIED. IT IS FURTHER ORDERED that Plaintiffs' 422 Motion to Amend the Summary Judgment Order is DENIED. IT IS FURTHER ORDERED that Plaintiffs are aw arded a total of $365,387.97 in damages and pre-judgment interest-as specified herein-along with post-judgment interest accruing until the amount is paid in full. The Clerk of Court is directed to enter judgment accordingly and close this case. See order for further details. Signed by Chief Judge Miranda M. Du on 12/18/2023. (Copies have been distributed pursuant to the NEF - AMMi)
November 7, 2022 Opinion or Order Filing 338 ORDER APPROVING ECF No 336 Verified Petition for Permission to Practice Pro Hac Vice of Attorney William S. Kronenberg for Nautilus Insurance Company, and approving Designation of Local Counsel Tracy A. DiFillippo. Signed by Chief Judge Miranda M. Du on 11/7/2022. 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 - DRM)
November 3, 2022 Opinion or Order Filing 335 ORDER granting 333 Stipulation Re: 331 Motion for Sanctions. Responses due by 11/7/2022. Signed by Magistrate Judge Cam Ferenbach on 11/3/2022. (Copies have been distributed pursuant to the NEF - HAM)
October 31, 2022 Opinion or Order Filing 334 ORDER granting ECF No. 332 Stipulation to Substitute Attorney and Continue Trial Date :Tracy A. DiFillippo, Esq. of Armstrong Teasdale is substituted as counsel in the place and stead of Linda Wendell Hsu, Esq., Samuel Lipsitz, and Casey Quinn of Selman Breitman LLP in the above-entitled action for Nautilus Insurance Company. The trial date will be reset by separate minute order. Signed by Chief Judge Miranda M. Du on 10/31/2022. (Copies have been distributed pursuant to the NEF - DRM)
July 27, 2022 Opinion or Order Filing 326 ORDER granting ECF No. 325 Stipulation : Proposed Joint Pretrial Order due by 8/12/2022. Signed by Magistrate Judge Cam Ferenbach on 7/27/2022. (Copies have been distributed pursuant to the NEF - DRM)
July 6, 2022 Opinion or Order Filing 324 ORDER granting ECF No. 323 Stipulation : Joint Pretrial Order due by July 27, 2022. Signed by Magistrate Judge Cam Ferenbach on 7/6/2022. (Copies have been distributed pursuant to the NEF - DRM)
March 22, 2022 Opinion or Order Filing 315 ORDERED that Defendant's motion for summary judgment (ECF No. 265 ) is granted as to the promissory estoppel claim and denied as to all other claims Summary judgment is granted in favor of Defendant on Plaintiffs' promissor y estoppel claim. It is further ordered that Plaintiffs' motion for partial summary judgment (ECF No. 301 ) is granted as to the breach of contract for failing to defend after the duty was triggered, and denied as to all other claims. The Court finds that Plaintiffs have demonstrated liability on their breach of contract claim, but the issue of damage caused by that breach remains for trial. Signed by Chief Judge Miranda M. Du on 3/22/2022. (Copies have been distributed pursuant to the NEF - DRM)
November 18, 2021 Opinion or Order Filing 303 ORDERED that Defendant's motion for leave to file a reply (ECF No. 300 ) is denied. It is further ordered that Defendant' s objection (ECF No. 297 ) is sustained in part and overruled in part, as described herein. Signed by Chief Judge Miranda M. Du on 11/18/2021. (Copies have been distributed pursuant to the NEF - DRM)
August 31, 2021 Opinion or Order Filing 298 ORDER granting ECF No. 296 Stipulation to Extend Time. The discovery deadline solely to depose Mr. Strzelec is extended to October 4, 2021. No other deadlines shall be affected by this continuance. Signed by Magistrate Judge Daniel J. Albregts on 8/31/2021. (Copies have been distributed pursuant to the NEF - SC)
February 18, 2021 Opinion or Order Filing 262 ORDER granting ECF No. 261 Motion to Remove Attorney from Electronic Service List. Attorney Peter W. Bloom shall be removed from the case and the electronic service list in this case. Signed by Magistrate Judge Daniel J. Albregts on 2/18/2021. (Copies have been distributed pursuant to the NEF - AB)
December 11, 2020 Opinion or Order Filing 257 ORDER granting ECF No. 256 Stipulation for Extension of Expert Witness Disclosure Deadline. The expert witness disclosure deadline is continued to January 8, 2021, and the rebuttal expert witness disclosure is continued to February 8, 2021. Signed by Magistrate Judge Daniel J. Albregts on 12/11/2020. (Copies have been distributed pursuant to the NEF - AB)
November 30, 2020 Opinion or Order Filing 255 ORDER that parties' Tenth Stipulation to Modify the Scheduling Order (ECF No. 254 ) is denied. Signed by Magistrate Judge Daniel J. Albregts on 11/30/2020. (Copies have been distributed pursuant to the NEF - LW)
October 21, 2020 Opinion or Order Filing 250 ORDER granting 247 Motion for Sanctions : The Court orders that pursuant to Federal Rules of Civil Procedure 26(c)(3), 37(a)(5), and the Court's Order of February 20, 2020, ECF No. 203 , Nautilus is awarded monetary sanctions in the amount of Five Thousand Dollars ($5,000), representing an agreed-upon reasonable amount of fees and costs incurred by Nautilus for its preparation of its motion, ECF No. 237 , to be paid to Nautilus's counsel of record within thirty (30) days of the entry of this Order (11/20/2020). Signed by Magistrate Judge Daniel J. Albregts on 10/21/2020. (Copies have been distributed pursuant to the NEF - DRM)
October 6, 2020 Opinion or Order Filing 246 ORDER granting in part and denying in part ECF No. 237 Motion for Protective Order as specified herein. IT IS FURTHER ORDERED that the parties shall meet and confer as to the amount of fees and costs due to Defendant and if they can not reach an agreement, Defendant shall file a motion for fees related to this Order within 14 days with the Response due 14 days thereafter and Reply 7 days thereafter. Signed by Magistrate Judge Daniel J. Albregts on 10/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
September 15, 2020 Opinion or Order Filing 243 ORDER granting ECF No. 241 Motion to Substitute Counsel : Eric S. Powers, Gil Glancz and Nathaniel S.G. Braun shall be removed from the case and the electronic service list in this case as counsel for Nautilus; and Casey J. Quinn shall be substituted as designated local Nevada counsel for Nautilus. Signed by Magistrate Judge Daniel J. Albregts on 9/15/2020. (Copies have been distributed pursuant to the NEF - DRM)
May 1, 2020 Opinion or Order Filing 220 ORDER granting ECF No. 217 Motion for Sanctions. Signed by Magistrate Judge Daniel J. Albregts on 5/1/2020. (Copies have been distributed pursuant to the NEF - KR)
April 17, 2020 Opinion or Order Filing 216 ORDER granting ECF No. 215 Stipulation : Nautilus's motion for fees and costs, if necessary, is continued to April 30, 2020. (See pdf order for additional contingent deadlines.) Signed by Magistrate Judge Daniel J. Albregts on 4/17/2020. (Copies have been distributed pursuant to the NEF - DRM)
April 3, 2020 Opinion or Order Filing 212 ORDER granting ECF No. 211 Stipulation: 1. Nautilus's motion for fees and costs, if necessary, is currently due on April 2, 2020 but that deadline is continued to April 16, 2020.2. Access and Wood's opposition, if necessa ry, is currently due on April 16, 2020, but that deadline is continued to April 30, 2020.3. Nautilus's reply, if any, is currently due April 23, 2020 but that deadline is continued to May 7, 2020. Signed by Magistrate Judge Daniel J. Albregts on 4/3/2020. (Copies have been distributed pursuant to the NEF - DRM)
March 13, 2020 Opinion or Order Filing 210 ORDER granting ECF No. 208 Stipulation. Nautilus's motion for fees and costs due by 4/2/2020. Signed by Magistrate Judge Daniel J. Albregts on 3/13/2020. (Copies have been distributed pursuant to the NEF - LW)
March 6, 2020 Opinion or Order Filing 206 ORDER granting ECF No. 205 Stipulation : Motion for fees and costs due by 3/19/2020. Response due by 4/2/2020. Reply due by 4/9/2020. Signed by Magistrate Judge Daniel J. Albregts on 3/6/2020. (Copies have been distributed pursuant to the NEF - DRM)
December 4, 2019 Opinion or Order Filing 175 ORDER granting ECF No. 173 Verified Petition for Permission to Practice Pro Hac Vice by Peter Wright Bloom for Nautilus Insurance Company, and approving designation of local counsel. Signed by Chief Judge Miranda M. Du on 12/4/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - KR)
October 7, 2019 Opinion or Order Filing 168 ORDER that the Insureds' objection (ECF No. 119 ) is overruled; the Insureds' motion to dismiss Nautilus's cross claims (ECF No. 141 ) is granted; Nautilus's cross claims are dismissed. Signed by Chief Judge Miranda M. Du on 10/7/2019. (Copies have been distributed pursuant to the NEF - LH)
June 17, 2019 Opinion or Order Filing 130 ORDER approving ECF No. 128 Stipulation re ECF No. 119 Objection/Appeal. Nautilus's response due by 6/14/219. Signed by Judge Miranda M. Du on 6/17/2019. (Copies have been distributed pursuant to the NEF - KR)
April 23, 2019 Opinion or Order Filing 114 ORDERED that Nautilus's motion to strike (ECF No. 77 ) and motion to dismiss (ECF No. 80 ) are denied. Signed by Judge Miranda M. Du on 4/23/2019. (Copies have been distributed pursuant to the NEF - DRM)
March 6, 2019 Opinion or Order Filing 102 ORDER granting ECF No. 101 Stipulation : Response to ECF No. 97 Motion to Compel due by 3/15/2019; Reply due by 4/5/2019. Signed by Magistrate Judge Carl W. Hoffman on 3/6/2019. (Copies have been distributed pursuant to the NEF - DRM)
January 3, 2019 Opinion or Order Filing 91 ORDER granting ECF No. 90 Stipulation To Extend Time re ECF Nos. 77 Motion to Strike and 80 Motion to Dismiss: Nautilus Insurance Company's replies due by 1/4/2019. Signed by Judge Miranda M. Du on 1/3/2019. (Copies have been distributed pursuant to the NEF - LH)
January 2, 2019 Opinion or Order Filing 89 ORDER approving ECF No. 88 Stipulation re ECF No. 77 Motion to Strike, ECF No. 80 Motion to Dismiss: Replies due by 1/3/2019. Signed by Judge Miranda M. Du on 1/2/2019. (Copies have been distributed pursuant to the NEF - KR) Modified on 1/3/2019 to correct date (KR).
October 31, 2018 Opinion or Order Filing 85 ORDER granting ECF No. 84 Stipulation for Extension of Time to Respond/Reply to ECF No. 77 Motion to Strike and 80 Motion to Dismiss Responses due by 11/28/2018. Replies due by 12/19/2018. Signed by Judge Miranda M. Du on 10/31/2018. (Copies have been distributed pursuant to the NEF - KW)
September 11, 2018 Opinion or Order Filing 72 ORDER that the Insureds' motion for reconsideration (ECF No. 42 ) is granted; the Insureds are instructed to file an amended complaint consistent with this order and the Court's prior order (ECF No. 36 ) by 9/26/2018; failu re to file an amended complaint within the prescribed time will result in dismissal of this action with prejudice; and Nautilus's motion to dismiss (ECF No. 52 ) is denied as moot. Signed by Judge Miranda M. Du on 9/11/2018. (Copies have been distributed pursuant to the NEF - LH)
June 14, 2018 Opinion or Order Filing 66 ORDER that plaintiffs' Motion to Compel (ECF No. 64 ) is DENIED. Signed by Magistrate Judge Carl W. Hoffman on 6/14/2018. (Copies have been distributed pursuant to the NEF - LH)
March 2, 2018 Opinion or Order Filing 60 ORDER granting ECF No. 59 Motion to remove attorney Jennifer N. Wahlgren from the Electronic Service List in this case. Signed by Magistrate Judge Carl W. Hoffman on 3/2/2018. (Copies have been distributed pursuant to the NEF - LH)
December 26, 2017 Opinion or Order Filing 36 ORDER denying ECF No. 18 Motion to Remand; granting in part and denying in part ECF No. 8 Motion to Dismiss - amended complaint due within 10 days; denying as moot ECF No. 11 Motion to Strike. Signed by Judge Miranda M. Du on 12/26/2017. (Copies have been distributed pursuant to the NEF - KR)
October 18, 2017 Opinion or Order Filing 33 ORDER - Discovery is STAYED pending the court's rulings on the motions to dismiss and to remand (ECF Nos. 7 , 18 ). Signed by Magistrate Judge Carl W. Hoffman on 10/17/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Plaintiff: Access Medical, LLC
Represented By: L. Renee Green
Represented By: Martin J. Kravitz
Represented By: Jordan P Schnitzer
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Plaintiff: Robert Wood
Represented By: L. Renee Green
Represented By: Martin J. Kravitz
Represented By: Jordan P Schnitzer
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Defendant: Nautilus Insurance Company
Represented By: Linda W. Hsu
Represented By: Eric Sebastian Powers
Represented By: Jennifer Naomi Wahlgren
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Unknown: David A. Astengo
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