QBE Insurance Corporation v. Russo et al
Plaintiff: QBE Insurance Corporation
Defendant: Richard Duslak, Justin Sesman, Simone Russo and Sunrise Villas IX Homeowners Association
3Rd Party Defendant: Community Association Underwriters of America, Inc. and Amanda Davis
Case Number: 2:2020cv02104
Filed: November 16, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Richard F Boulware
Referring Judge: Elayna J Youchah
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 14, 2021 Opinion or Order Filing 107 MOTION to Strike #106 Response by ThirdParty Defendant Sunrise Villas IX Homeowners Association. Responses due by 7/28/2021. (Splaine, Shannon)
July 6, 2021 Opinion or Order Filing 106 RESPONSE to #104 Response by Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman, Defendants Richard Duslak, Justin Sesman. (Jones, Kimball)
June 30, 2021 Opinion or Order Filing 105 REPLY to #89 Motion to Dismiss by ThirdParty Defendant Sunrise Villas IX Homeowners Association. (Splaine, Shannon)
June 30, 2021 Opinion or Order Filing 104 RESPONSE to #97 Joinder by ThirdParty Defendant Sunrise Villas IX Homeowners Association. (Splaine, Shannon)
June 30, 2021 Opinion or Order Filing 103 REPLY to Response to #96 Motion for Sanctions, by Defendants Richard Duslak, Justin Sesman. (Jones, Kimball) Modified on 6/30/2021 to add additional filer (SLD).
June 30, 2021 Opinion or Order Filing 102 REPLY to Response to #88 Motion to Dismiss by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation. (Reeves, William)
June 28, 2021 Opinion or Order Filing 101 ORDER granting #99 Stipulation; Discovery due by 12/22/2021. Motions due by 1/21/2022. Proposed Joint Pretrial Order due by 2/22/2022. Signed by Magistrate Judge Elayna J. Youchah on 6/28/2021. (Copies have been distributed pursuant to the NEF - DRS)
June 28, 2021 Opinion or Order Filing 100 REPLY to #98 Response to #96 Motion for Sanctions, by Defendant Simone Russo. (Sampson, David)
June 28, 2021 Opinion or Order Filing 99 STIPULATION FOR EXTENSION OF TIME (Second Request) re Discovery Deadlines, by Defendant Richard Duslak. (Jones, Kimball)
June 23, 2021 Opinion or Order Filing 98 RESPONSE to #96 Motion for Sanctions, by Plaintiff QBE Insurance Corporation. Replies due by 6/30/2021. (Reeves, William)
June 14, 2021 Opinion or Order Filing 97 JOINDER to #96 Motion for Sanctions, by Defendant Simone Russo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Sampson, David)
June 9, 2021 Opinion or Order Filing 96 Counter MOTION for Sanctions re #88 Motion to Dismiss by Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman, Defendants Richard Duslak, Justin Sesman. Responses due by 6/23/2021. (Jones, Kimball)
June 9, 2021 Opinion or Order Filing 95 RESPONSE to #88 Motion to Dismiss by Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman, Defendants Richard Duslak, Justin Sesman. Replies due by 6/16/2021. (Jones, Kimball)
June 9, 2021 Opinion or Order Filing 94 RESPONSE to #89 Motion to Dismiss by Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman, Defendants Richard Duslak, Justin Sesman. Replies due by 6/16/2021. (Jones, Kimball)
May 28, 2021 Opinion or Order Filing 93 SUMMONS Returned Executed re #87 Summons Issued by Richard Duslak, Justin Sesman. Amanda Davis served on 5/26/2021. (Jones, Kimball) Modified on 6/1/2021 to link document pursuant to LR IC 2-2(d) (SLD).
May 28, 2021 Opinion or Order Filing 92 SUPPLEMENT to #68 Response by Defendant Simone Russo (Attachments: #1 Exhibit, #2 Exhibit) (Sampson, David)
May 28, 2021 Opinion or Order Filing 91 RESPONSE to #89 Motion to Dismiss by Defendant Simone Russo. Replies due by 6/4/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Sampson, David)
May 28, 2021 Opinion or Order Filing 90 RESPONSE to #88 Motion to Dismiss by Defendant Simone Russo. Replies due by 6/4/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Errata, #4 Exhibit) (Sampson, David)
May 26, 2021 Opinion or Order Filing 89 MOTION to Dismiss #85 Amended Complaint by ThirdParty Defendant Sunrise Villas IX Homeowners Association. Responses due by 6/9/2021. (Splaine, Shannon)
May 26, 2021 Opinion or Order Filing 88 MOTION to Dismiss #85 Second Amended Complaint, by Counter Defendant QBE Insurance Corporation. Responses due by 6/9/2021. (Reeves, William)
May 19, 2021 Opinion or Order Filing 87 Summons Issued as to Amanda Davis. (DRS)
May 19, 2021 Opinion or Order Filing 86 PROPOSED SUMMONS to be issued for Amanda Davis by Third Party Plaintiffs Richard Duslak, Justin Sesman. (Jones, Kimball)
May 6, 2021 Opinion or Order Filing 85 SECOND AMENDED COMPLAINT (HAM)
May 5, 2021 Opinion or Order Filing 84 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/5/2021 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: William Reeves; Def Counsel: David Sampson, Kimball Jones and Shannon Splaine; Recording start and end times: 11:07a.m - 1:37p.m./3:34p.m. - 4:37p.m.; Courtroom: 3A; All parties appeared via Zoom. The Court makes preliminary remarks and hears representations of counsel as to #53 First Motion to Amend #13 Answer to Amended Complaint, Third Party Complaint, Counterclaim, #54 Motion to Compel, #55 Motion to Compel Discovery Responses and #58 Motion to Compel Discovery Responses. The Court sets forth its findings on the record and grants #53 First Motion to Amend #13 Answer to Amended Complaint, Third Party Complaint, Counterclaim. The Court instructs the Clerk's Office to separate the document that is attached to the motion that starts on page 14 and ends on page 53 from the motion, file it separately as second amended complaint.Responsive pleading due May 26, 2021. The opposition to responsive pleading due June 16, 2021. The Court give counsel for defendants or counter claimants the same three (3) weeks. Replies due June 30, 2021, as discussed in open court.The Court sets forth its findings on the record and grants in part and denies in part #54 Motion to Compel.The Court sets forth its findings on the record and grants #55 Motion to Compel Discovery Responses as discussed in open court.The Court continues this hearing to 3:30p.m. #73 Motion to Compel and #79 Counter Motion for Sanctions re #73 Motion to Compel are withdrawn without prejudice.The Court sets forth its findings on the record and grants in part and denies in part #58 Motion to Compel Discovery Responses. The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
May 4, 2021 Opinion or Order Filing 83 SUPPLEMENT to #55 Motion to Compel, #58 Motion to Compel by Defendant Simone Russo (Attachments: #1 Exhibit Minute Order) (Sampson, David)
May 3, 2021 Opinion or Order Filing 82 PARTIAL JOINDER to #77 Response by Defendant Simone Russo. (Attachments: #1 Exhibit) (Sampson, David)
May 3, 2021 Opinion or Order Filing 81 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/3/2021 to add ECF No. 53 to Motions Hearing. By Judicial Assistant: E. Santiago. Re: The addition of Counterclaimants' Motion to Amend Answer, Counterclaim and Third-Party Complaint (ECF No. 53). Motions Hearing set for Wednesday, May 5, 2021 at 11:00 a.m. via the Zoom video conference platform before Magistrate Judge Elayna J. Youchah regarding ECF Nos. 53, 54, 55, and 58.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 to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
May 3, 2021 Opinion or Order Filing 80 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 5/3/2021 to add ECF No. 53 to Motions Hearing. By Judicial Assistant: E. Santiago.Re: The addition of Counterclaimants' Motion to Amend Answer, Counterclaim and Third-Party Complaint (ECF No. 53). Motions Hearing set for Wednesday, May 5, 2021 at 11:00 a.m. in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah regarding ECF Nos. 53, 54, 55, and 58.(no image attached) (Copies have been distributed pursuant to the NEF - ES)
April 30, 2021 Opinion or Order Filing 79 Counter MOTION for Sanctions re #73 Motion to Compel by Defendants Richard Duslak, Justin Sesman, Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman. Responses due by 5/14/2021. (Jones, Kimball)
April 30, 2021 Opinion or Order Filing 78 CLERK'S NOTICE. Attorney Action Required to ECF No. #77 . Document was not filed pursuant to LR IC 2-2(b) by attorney Kimball Jones. For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #77 using the same image as a Counter Motion for Sanctions to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each request or purpose. (no image attached) (SLD)
April 29, 2021 Opinion or Order Filing 77 RESPONSE to #73 Motion to Compel by Defendants Richard Duslak, Justin Sesman, Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman. Replies due by 5/6/2021. (Jones, Kimball)
April 26, 2021 Opinion or Order Filing 76 SUPPLEMENT to #55 Motion to Compel, by Defendant Simone Russo (Attachments: #1 Exhibit Supplement to Response to Requests for Production, #2 Exhibit Privilege Log) (Sampson, David)
April 21, 2021 Opinion or Order Filing 75 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 4/21/2021. By Deputy Clerk: E. Garcia.Motion Hearing scheduled for Wednesday, May 5, 2021 at 11:00 a.m. before Magistrate Judge Elayna J. Youchah will be via the Zoom video conference platform.The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, no later than noon, Pacific Daylight Time, on Monday, May 3, 2021 at Elvia_Garcia@nvd.uscourts.gov to provide email addresses at which parties shall receive Zoom invites.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 to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
April 19, 2021 Opinion or Order Filing 74 REPLY to Response to #58 Motion to Compel by Defendant Simone Russo. (Sampson, David)
April 15, 2021 Opinion or Order Filing 73 MOTION to Compel by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation, Plaintiff QBE Insurance Corporation. Responses due by 4/29/2021. (Reeves, William)
April 14, 2021 Opinion or Order Filing 72 REPLY to Response to #66 Motion to Dismiss by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation, Plaintiff QBE Insurance Corporation. (Reeves, William)
April 14, 2021 Opinion or Order Filing 71 REPLY to Response to #54 Motion to Compel by Counter Claimants Richard Duslak, Justin Sesman. (Jones, Kimball)
April 13, 2021 Opinion or Order Filing 70 RESPONSE to #58 Motion to Compel by ThirdParty Defendant Sunrise Villas IX Homeowners Association. Replies due by 4/20/2021. (Splaine, Shannon)
April 13, 2021 Opinion or Order Filing 69 REPLY to Response to #55 Motion to Compel, by Defendant Simone Russo. (Sampson, David)
April 9, 2021 Opinion or Order Filing 68 RESPONSE to #66 Motion to Dismiss by Defendant Simone Russo. Replies due by 4/16/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Sampson, David)
April 7, 2021 Opinion or Order Filing 67 RESPONSE to #55 Motion to Compel, #54 Motion to Compel by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation, Plaintiff QBE Insurance Corporation. Replies due by 4/14/2021. (Reeves, William)
April 6, 2021 Opinion or Order Filing 66 MOTION to Dismiss by Plaintiff QBE Insurance Corporation. Responses due by 4/20/2021. (Reeves, William)
April 2, 2021 Opinion or Order Filing 65 REPLY to Response to #53 Motion to Amend/Correct, by Defendants Richard Duslak, Justin Sesman, Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman. (Jones, Kimball)
April 2, 2021 Opinion or Order Filing 64 RESPONSE to #53 Motion to Amend/Correct, by ThirdParty Defendant Sunrise Villas IX Homeowners Association. Replies due by 4/9/2021. (Splaine, Shannon)
April 2, 2021 Opinion or Order Filing 63 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/2/2021 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: William Reeves; Def Counsel: David Sampson, Kimball Jones and Shannon Splaine; Recording start and end times: 2:05p.m. - 3:04p.m.; Courtroom: 3A; All parties appeared via Zoom. The Court makes preliminary remarks and hears representations of counsel as to #45 Emergency Motion to Stay and/or Extend Pretrial Deadlines and #61 Motion to Extend Time (First Request) and Declaration of Shannon G. Splaine, Esq. in Support of Motion re: 44 Minutes of Proceedings.The Court sets forth its findings on the record and grants in part and denies in part #45 Emergency Motion to Stay and/or Extend Pretrial Deadlines. The Court sets forth its findings on the record and grants to the extent as stated on the record #61 Motion to Extend Time (First Request) and Declaration of Shannon G. Splaine, Esq. in Support of Motion re: 44 Minutes of Proceedings. Defense counsel addresses delay in receiving discovery by U.S. Postal Service. The Court hears from all parties. The parties agree to serve and respond discovery through electronic means to the extent possible.The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
April 2, 2021 Opinion or Order Filing 62 RESPONSE to #53 Motion to Amend/Correct, by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation, Plaintiff QBE Insurance Corporation. Replies due by 4/9/2021. (Reeves, William)
April 1, 2021 Opinion or Order Filing 61 MOTION to Extend Time (First Request) and Declaration of Shannon G. Splaine, Esq. in Support of Motion re 44 Minutes of Proceedings, by ThirdParty Defendant Sunrise Villas IX Homeowners Association. (Splaine, Shannon)
April 1, 2021 Opinion or Order Filing 60 SUPPLEMENT to #48 Response by Defendant Simone Russo (Attachments: #1 Exhibit A- Minute Order) (Sampson, David)
March 30, 2021 Opinion or Order Filing 59 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/30/2021 to add ECF No. 58 to Motions Hearing. By Judicial Assistant: E. Santiago.RE:The addition of Defendant Simone Russo's Motion to Compel Discovery Responses (ECF No. 58). Motions Hearing set for Wednesday, May 5, 2021 at 11:00 a.m. in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah regarding ECF Nos. 54, 55, and 58. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
March 30, 2021 Opinion or Order Filing 58 MOTION to Compel Discovery Responses by Defendant Simone Russo. Responses due by 4/13/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Sampson, David)
March 30, 2021 Opinion or Order Filing 57 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/30/2021. By Judicial Assistant: E. Santiago.Re: Counterclaimant's Motion to Compel (ECF No. 54) and Motion to Compel Discovery Responses (ECF No. 55). Motions Hearing set for Wednesday, May 5, 2021 at 11:00 a.m. in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
March 29, 2021 Opinion or Order Filing 56 ERRATA to #55 Motion to Compel, by Defendant Simone Russo. (Sampson, David)
March 25, 2021 Opinion or Order Filing 55 MOTION to Compel Discovery Responses by Defendant Simone Russo. Responses due by 4/8/2021. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Sampson, David)
March 24, 2021 Opinion or Order Filing 54 First MOTION to Compel by Counter Claimants Richard Duslak, Justin Sesman. Responses due by 4/7/2021. (Jones, Kimball)
March 19, 2021 Opinion or Order Filing 53 First MOTION to Amend #13 Answer to Amended Complaint, Third Party Complaint, Counterclaim, by Defendants Richard Duslak, Justin Sesman, Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman. Responses due by 4/2/2021. (Jones, Kimball)
March 18, 2021 Opinion or Order Filing 52 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/18/2021. Pending before the Court is the Stipulation Re: Hearing Date Scheduled for QBE's Emergency Motion [DKT No. 45]. ECF No. 51. On March 4, 2021, QBE filed an Emergency Motion to Stay and/or Extend Pretrial Deadlines (ECF No. 45). Responding to the purported "emergency," the Court set a briefing schedule and hearing through a Minute Order entered on March 5, 2021. ECF No. 46. The hearing set on March 5, 2021, was scheduled for March 19, 2021. Today, March 17, 2021, QBE filed the instant stipulation stating "counsel for QBE has a conflict by virtue of a binding arbitration set for hearing the same day." It is curious that counsel for QBE did not know this before March 17, 2021, or at the time the hearing was set on March 5, 2021. In fact, counsel for QBE does not explain how or why an arbitration hearing suddenly became a problem two days before the hearing on QBE's emergency motion. Third Party Defendant Sunrise Villas IX Homeowners apparently consents to QBE's request for a new date on the emergency motion; however, Defendants Simone Russo, Richard Duslak, and Justin Sesman object to rescheduling the hearing. ECF No. 51 at 1-2. All parties are apparently available on Friday, April 2, 2021, at 1 p.m. if the hearing set for March 17 is rescheduled. The Court will move the hearing to 2 p.m. on April 2, 2021. Accordingly, IT IS HEREBY ORDEREDS that the Stipulation Re: Hearing Date Scheduled for QBE's Emergency Motion [DKT No. 45] (ECF No. 51) is GRANTED.IT IS FURTHER ORDERED that the hearing presently set for March 19, 2021 is VACATED and rescheduled to Friday, April 2, 2021 at 2:00 p.m., before Magistrate Elayna J. Youchah. IT IS FURTHER ORDERED that a hearing is set on Plaintiff's Emergency Motion to Stay and/or Extend Pretrial Deadlines (ECF No. 45) for March 19, 2021 at 2:00 p.m. via the Zoom video conference platform. The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on March 31, 2021, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses of their respective 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 to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
March 17, 2021 Opinion or Order Filing 51 STIPULATION re Discovery re #45 Emergency MOTION to Stay and/or Extend Pretrial Deadlines, by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation, Plaintiff QBE Insurance Corporation. (Reeves, William)
March 11, 2021 Opinion or Order Filing 50 REPLY to Response to #45 Motion for Hearing Before Magistrate Judge by Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation, Plaintiff QBE Insurance Corporation. (Reeves, William)
March 10, 2021 Opinion or Order Filing 49 RESPONSE to #45 Emergency Motion, by Defendants Richard Duslak, Justin Sesman, Third Party Plaintiffs Richard Duslak, Justin Sesman, Counter Claimants Richard Duslak, Justin Sesman. Replies due by 3/17/2021. (Jones, Kimball)
March 10, 2021 Opinion or Order Filing 48 RESPONSE to #45 Emergency Motion, by Defendant Simone Russo. Replies due by 3/17/2021. (Attachments: #1 Exhibit Exhibit) (Sampson, David)
March 5, 2021 Opinion or Order Filing 47 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 3/5/2021. By Judicial Assistant: E. Santiago.Pending before the Court is Plaintiff's Emergency Motion to Stay and/or Extend Pretrial Deadlines (ECF No. 45). The Court construes this as an emergency motion to stay discovery. IT IS HEREBY ORDERED that any opposition or joinder to the pending Motion shall be filed on or before March 11, 2021.IT IS FURTHER ORDERED that the reply shall be filed on or before March 16, 2021.IT IS FURTHER ORDERED that no depositions shall be set to occur on or before March 19, 2021. IT IS FURTHER ORDERED that a hearing is set on Plaintiff's Emergency Motion to Stay and/or Extend Pretrial Deadlines (ECF No. 45) for March 19, 2021 at 2:00 p.m. via the Zoom video conference platform. The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on March 17, 2021, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses of their respective 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 to the Court.(no image attached) (Copies have been distributed pursuant to the NEF - ES)
March 5, 2021 Opinion or Order Filing 46 JOINDER to #45 Emergency Motion, by ThirdParty Defendant Sunrise Villas IX Homeowners Association. (Splaine, Shannon)
March 4, 2021 Opinion or Order Filing 45 Emergency MOTION to Stay and/or Extend Pretrial Deadlines re 44 Minutes of Proceedings, by Plaintiff QBE Insurance Corporation, Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation. (Reeves, William)
March 1, 2021 Opinion or Order Filing 44 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 3/1/2021 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: William Reeves; Def Counsel: David Sampson, Kimball Jones and Shannon Splaine; Recording start and end times: 11:05a.m. - 11:24a.m.; Courtroom: 3B; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #33 Stipulated Discovery Plan and Scheduling Order.The Court sets forth its findings on the record and grants in part and denies in part #33 Stipulated Discovery Plan and Scheduling Order. The transcript of these proceedings will serve as the Court's Order. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
February 17, 2021 Opinion or Order Filing 43 ORDER granting #42 Motion to Remove Attorney Robert W. Freeman; Priscilla L. O'Briant from Electronic Service List. Signed by Magistrate Judge Elayna J. Youchah on 2/17/2021.(Copies have been distributed pursuant to the NEF - DRS)
February 17, 2021 Opinion or Order Filing 42 MOTION to remove attorney Robert W. Freeman; Priscilla L. O'Briant from the Electronic Service List in this case by Defendant Community Association Underwriters of America, Inc., ThirdParty Defendant Community Association Underwriters of America, Inc.. (O'Briant, Priscilla)
February 12, 2021 Opinion or Order Filing 41 REPLY to Response to #24 Motion to Dismiss, by Plaintiff QBE Insurance Corporation, Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation. (Attachments: #1 Declaration of William Reeves [Exs C-F)) (Reeves, William)
February 9, 2021 Opinion or Order Filing 40 ORDER granting #39 Stipulation of Dismissal. Third Party Defendant Community Association Underwriters of America Dismissed without prejudice. Signed by Judge Richard F. Boulware, II on 2/9/2021. (Copies have been distributed pursuant to the NEF - DRS)
February 9, 2021 Opinion or Order Filing 39 STIPULATION of Dismissal re #13 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, by ThirdParty Defendant Community Association Underwriters of America, Inc.. (O'Briant, Priscilla)
February 8, 2021 Opinion or Order Filing 38 RESPONSE to #24 Motion to Dismiss, by Third Party Plaintiffs Richard Duslak, Justin Sesman, Defendants Richard Duslak, Justin Sesman. Replies due by 2/15/2021. (Jones, Kimball)
February 8, 2021 Opinion or Order Filing 37 DEMAND for Trial by Jury by ThirdParty Defendant Community Association Underwriters of America, Inc.. (O'Briant, Priscilla)
February 8, 2021 Opinion or Order Filing 36 CERTIFICATE of Interested Parties by Community Association Underwriters of America, Inc. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Alliant Insurance Services, Inc. (parent corporation to Community Association Underwriters of America, Inc., and DSCM, Inc.), Other Affiliate Community Association Underwriters Agency a.k.a. Community Association Underwriters of America, Inc. for Community Association Underwriters of America, Inc. added. (O'Briant, Priscilla)
February 8, 2021 Opinion or Order Filing 35 ANSWER to #13 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, with Jury Demand filed by Community Association Underwriters of America, Inc.(O'Briant, Priscilla)
February 8, 2021 Opinion or Order Filing 34 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 2/8/2021. By Judicial Assistant: E. Santiago.Re: Proposed Discovery Plan and Scheduling Order (ECF No. 33). Telephonic Hearing set for Monday, March 1, 2021 at 11:00 a.m.All Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
February 4, 2021 Opinion or Order Filing 33 Stipulated Discovery Plan and Scheduling Order by Plaintiff QBE Insurance Corporation, Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation, QBE Insurance Corporation. (Reeves, William)
February 4, 2021 Opinion or Order Filing 32 CERTIFICATE of Interested Parties by Sunrise Villas IX Homeowners Association. There are no known interested parties other than those participating in the case (Splaine, Shannon)
February 4, 2021 Opinion or Order Filing 31 DEMAND for Trial by Jury by ThirdParty Defendant Sunrise Villas IX Homeowners Association. (Splaine, Shannon)
February 4, 2021 Opinion or Order Filing 30 CLERK'S NOTICE of violation of Local Rules. Attorney Action Required to ECF No. #29 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile ECF No. #29 using the appropriate docket entry event "jury demand" under Civil Filings - Commencement of an Action. (no image attached) (MMM)
February 3, 2021 Opinion or Order Filing 29 ERROR: Wrong event selected by filing attorney. NOTICE Demand for Jury Trial by Sunrise Villas IX Homeowners Association. (Splaine, Shannon) Document #29 terminated as filed in error. Modified on 2/4/2021 (MMM).
February 3, 2021 Opinion or Order Filing 28 ANSWER to #13 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, filed by Sunrise Villas IX Homeowners Association.(Splaine, Shannon)
February 2, 2021 Opinion or Order Filing 27 ORDER granting #26 Stipulation to Extend deadline to Answer #13 Third Party Complaint. Community Association Underwriters of America, Inc. answer due 2/8/2021. Signed by Magistrate Judge Elayna J. Youchah on 2/2/2021. (Copies have been distributed pursuant to the NEF - DRS)
February 1, 2021 Opinion or Order Filing 26 First STIPULATION FOR EXTENSION OF TIME (First Request) re #13 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, by ThirdParty Defendant Community Association Underwriters of America, Inc.. (O'Briant, Priscilla)
January 26, 2021 Opinion or Order Filing 25 SUMMONS Returned Executed by Richard Duslak re #20 Summons Issued. Community Association Underwriters of America, Inc. served on 1/11/2021. (Jones, Kimball)
January 25, 2021 Opinion or Order Filing 24 MOTION to Dismiss #13 Counterclaim, by Plaintiff QBE Insurance Corporation, Counter Defendants QBE Insurance Corporation, QBE Insurance Corporation. Responses due by 2/8/2021. (Attachments: #1 Declaration of William Reeves (Exs A-B)) (Reeves, William)
January 22, 2021 Opinion or Order Filing 23 SUMMONS Returned Executed by Richard Duslak re #20 Summons Issued. Sunrise Villas IX Homeowners Association served on 1/13/2021. (Jones, Kimball)
January 11, 2021 Opinion or Order Filing 22 Amended ANSWER to #8 Amended Complaint filed by Simone Russo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Sampson, David)
January 11, 2021 Opinion or Order Filing 21 NOTICE of VOLUNTARY DISMISSAL OF RUSSOS ORIGINAL COUNTERCLAIM AND AMENDED COUNTERCLAIM by Simone Russo re #11 Answer to Amended Complaint,, Counterclaim, #6 Answer to Complaint,, Counterclaim,. (Sampson, David)
January 11, 2021 Opinion or Order Filing 20 Summons Issued as to Community Association Underwriters of America, Inc., Sunrise Villas IX Homeowners Association re #13 Third Party Complaint. (DRS)
January 10, 2021 Opinion or Order Filing 19 PROPOSED SUMMONS to be issued to Sunrise Villas IX Homeowners Association by ThirdParty Plaintiff Richard Duslak. (Jones, Kimball)
January 10, 2021 Opinion or Order Filing 18 PROPOSED SUMMONS to be issued to Community Association Underwriters of America, Inc. by ThirdParty Plaintiff Richard Duslak. (Jones, Kimball)
January 7, 2021 Opinion or Order Filing 17 CLERK'S NOTICE of Attorney Action Required as to #15 and #16 Proposed Summons. ERROR: Proposed Summons will not be not issued as they are not on the correct form. Attorney Kimball Jones is advised to refile a properly completed Summons on Third-Party Complaint form available on the Court's website using the event "Proposed Summons to be Issued", in accordance with the local rules regarding electronic filing. Documents #15 and #16 terminated as filed in error, pursuant to LR IC 7-1. (no image attached) (SLD)
January 7, 2021 Opinion or Order Filing 16 ERROR: Document terminated. Wrong event. Attorney to refile. PROPOSED SUMMONS to be issued to Sunrise Villas IX Homeowners Association by ThirdParty Plaintiff Richard Duslak. (Jones, Kimball) Modified on 1/7/2021 (SLD).
January 7, 2021 Opinion or Order Filing 15 ERROR: Document terminated. Wrong event. Attorney to refile. PROPOSED SUMMONS to be issued to Community Association Underwriters of America, Inc. by ThirdParty Plaintiff Richard Duslak. (Jones, Kimball) Modified on 1/7/2021 (SLD).
January 4, 2021 Opinion or Order Filing 14 CERTIFICATE of Interested Parties by Richard Duslak, Justin Sesman. There are no known interested parties other than those participating in the case (Jones, Kimball)
January 4, 2021 Opinion or Order Filing 13 ANSWER to #8 Amended Complaint , THIRD PARTY COMPLAINT against Sunrise Villas IX Homeowners Association, Community Association Underwriters of America, Inc. by Richard Duslak, Justin Sesman., COUNTERCLAIM against QBE Insurance Corporation by Richard Duslak, Justin Sesman. filed by Richard Duslak, Justin Sesman. (Attachments: #1 Exhibit Exhibits to Counterclaim and Third-Party Complaint)(Jones, Kimball)
December 30, 2020 Opinion or Order Filing 12 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #6 , #7 , #11 . Attorney David F. Sampson is advised to review and update his/her user account information. (no image attached) (SLD)
December 30, 2020 Opinion or Order Filing 11 ANSWER to #8 Amended Complaint , Amended COUNTERCLAIM against QBE Insurance Corporation by Simone Russo. filed by Simone Russo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Sampson, David)
December 23, 2020 Opinion or Order Filing 10 CLERK'S NOTICE Regarding Local Rule IC 2-1(g). Filer's account information is different from the address information contained in the filed document, ECF No. #8 . Attorney Marc J. Derewetzky is advised to review and update his/her user account information. (no image attached) (SLD)
December 23, 2020 Opinion or Order Filing 9 NOTICE of Appearance by attorney William C. Reeves on behalf of Plaintiff QBE Insurance Corporation, Counter Defendant QBE Insurance Corporation. (Reeves, William)
December 23, 2020 Opinion or Order Filing 8 First AMENDED COMPLAINT against Richard Duslak, Simone Russo, Justin Sesman by QBE Insurance Corporation. No changes to parties. (Attachments: #1 Index of Exhibits) (Morales, Ramiro)
December 22, 2020 Opinion or Order Filing 7 CERTIFICATE of Interested Parties by Simone Russo. There are no known interested parties other than those participating in the case (Sampson, David)
December 22, 2020 Opinion or Order Filing 6 ANSWER to #1 Complaint,,, (, Discovery Plan/Scheduling Order due by 2/5/2021.), COUNTERCLAIM against QBE Insurance Corporation by Simone Russo. filed by Simone Russo.(Sampson, David) 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.
November 17, 2020 Opinion or Order Filing 5 CERTIFICATE of Interested Parties by QBE Insurance Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent QBE Insurance Group Limited. for QBE Insurance Corporation added. (Morales, Ramiro)
November 16, 2020 Opinion or Order Filing 4 CLERK'S NOTICE to attorney Ramiro Morales re #1 -8 Certificate of Interested Parties. Attorney is advised to refile the Certificate of Interested Parties as a separate entry using the even Certificate Interested Parties.Certificates of Interested Parties filed with the District of Nevada shall be filed in accordance with FRCP 7.1 and LR 7.1-1, and shall enter on the docket all persons, associations of person, firms, partnerships or corporations (including parent corporations) which have a direct pecuniary interest in the outcome of the case. (no image attached) (SLD)
November 16, 2020 Opinion or Order Filing 3 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware'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: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS)
November 16, 2020 Opinion or Order Filing 2 Summons Issued as to Richard Duslak, Simone Russo, Justin Sesman re #1 Complaint. (DRS)
November 16, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-6256415) by QBE Insurance Corporation. Proof of service due by 2/14/2021. (Attachments: #1 Index of Exhibits to Complaint for Declaratory Relief, #2 Exhibit 1 to Dec Relief Action - Underlying Original Complaint, #3 Exhibit 2 to Dec Relief Action - Motion to Amend, #4 Exhibit 3 to Dec Relief Action - Underlying Amended Complaint, #5 Exhibit 4 to Dec Relief Action - Underlying Motion for Assignment, #6 Civil Cover Sheet, #7 Summons, #8 Notice of Interested Parties) (Morales, Ramiro) 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.
November 16, 2020 Opinion or Order Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Elayna J. Youchah. (DRS)

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Search for this case: QBE Insurance Corporation v. Russo et al
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Defendant: Richard Duslak
Represented By: Evan K. Simonsen
Represented By: Kimball Joseph Jones
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Defendant: Justin Sesman
Represented By: Evan K. Simonsen
Represented By: Kimball Joseph Jones
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Defendant: Simone Russo
Represented By: David F Sampson
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Defendant: Sunrise Villas IX Homeowners Association
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Plaintiff: QBE Insurance Corporation
Represented By: Ramiro Morales
Represented By: William C. Reeves
Represented By: Marc J. Derewetzky
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3rd party defendant: Community Association Underwriters of America, Inc.
Represented By: Priscilla Louise O'Briant
Represented By: Robert W Freeman, Jr.
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3rd party defendant: Amanda Davis
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