USA v. Estate of E. Wayne Hage et al

Filing 255

ORDER granting 253 Unopposed Motion for Extension of Time to File Response to 249 MOTION to Strike 245 Proposed Pretrial Order. Responses due by 8/21/2011. Signed by Magistrate Judge Lawrence R. Leavitt on 8/12/11. (Copies have been distributed pursuant to the NEF - ASB)

Mark L. Pollot, Esq.
California Bar No. 136161
1020 Strawberry Lane
Boise, ID 83712
Phone:
[phone]
E-mail:
[e-mail]
John W. Hoffman
Nevada State Bar No. 857
Hoffman, Test, Guinan & Collier
429 West Plumb Lane
P. O. Box 187
Reno, NV 89504
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for the Estate of E. Wayne Hage
IN THE UNITED STATES COURT
FOR THE DISTRICT OF NEVADA
UNITED STATES OF AMERICA,

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)
Plaintiff ,
)
)
v.
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)
THE ESTATE OF E. WAYNE HAGE,
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et al.,
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)
)
Defendants
)
___________________________________ /

2:07-cv-01154-RCJ-RJJ
LRL
DEFENDANT ESTATE’S
UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE
RESPONSE TO PLAINITIFF’S
MOTION TO STRIKE RECENTLY
NAMED WITNESSES FROM
PRETRIAL ORDER

MOTION
COMES NOW DEFENDANT/COUNTERCLAIMANT ESTATE OF E. WAYNE
HAGE and moves this Court for an order extending time to file its response to Plaintiff’s
Motion to Strike Recently Named Witnesses. Said Motion was filed on July 25, 2011 and

Motion for Extension of Time: Page 1 of 4

defendant Estate’s response is due on August 11, 2011. Oral argument on the motion is
currently set for September 30, 2011. Undersigned counsel for defendant/counterclaimant
Estate (“the Estate”) contacted counsel for plaintiff, Stephen Bartell, and codefendant Wayne
N. Hage, pro se, by e-mail as to the Estate’s intent to file this motion. By return e-mail,
codefendant Hage consented to the extension and counsel for plaintiff United States indicated
that it would not oppose the extension, both subject to the approval of this court.
Specifically, the Estate moves this Court for an order extending its time to file its brief
in Opposition to Plaintiff’s Motion to Strike 10 (ten) days to August 21, 2011. The reasons
for this motion are, as described further below, counsel for the Estate’s travel and work
schedules, including for matters in this case, and family emergencies.
MEMORANDUM IN SUPPORT OF MOTION
Following the filing of Defendant Estate’s First Amended Answer and Counterclaim,
the Estate served on plaintiff a document denominated “Defendant Estate of E. Wayne Hage’s
Frcp 26 Initial Disclosures in Re: Counter-claim of the Estate of E. Wayne Hage and
Supplemental Disclosures in Re: Complaint in Trespass” pursuant to Federal Rule of Civil
Procedure (“FRCP”) 26. The disclosure included, inter alia, a list of 12 witnesses, a number
of whom were previously named, some of which were not. These witnesses were also
included by defendants on the proposed pretrial order subsequently filed with this court. Also
after the filing of the First Amended Answer and Counterclaim plaintiff filed a motion to
dismiss the counterclaim to which the Estate filed its response before serving the FRCP
disclosure described above on plaintiff/counterdefendant. On July 25, 2011, the United States
filed the motion to strike some of the witnesses listed in the disclosure and in the proposed
Motion for Extension of Time: Page 2 of 4

pretrial order filed with this court.
For the reasons stated herein below, Defendant Estate of E. Wayne Hage moves this
court for an order extending the time for the filing its response to the Motion to Strike 10 days
to August 21, 2011.
(1)

Counsel of Record, Mark L. Pollot, is a sole practitioner. He does not have an

office staff and does all of his calendaring, preparation of briefs, motions, petitions, and other
documents himself, using a computerized system, including the preparation of the briefs at
issue herein. While Mr. John W. Hoffman is local counsel on this matter, the responsibility
for the preparation of documents and the principal responsibility for the defense of this matter
on behalf of the Estate is Mr. Pollot’s, who was retained by the Estate for this purpose because
of his expertise and experience in the subject matter of this and related actions. Mr. Pollot’s
office is in his home;
(2)

at the time of the filing of the instant motion, attorney for the Estate, Mark L.

Pollot, was two days into a vacation for a family function which had been planned for well
more than a year and in a location in which e-mail and office facilities were not readily
available;
(3)

immediately upon his return, he had to prepare for, work with Mr. Hage on,

travel to and from Las Vegas for, and participate in oral argument on plaintiff United States’s
motion to dismiss the counterclaim in the instant case; and
(4)

home emergencies subsequent to his return, including the breaking of a hot

water heater in the area adjacent to his office space and resultant flooding, air conditioning
failure, and previously scheduled roofing work on his home, all requiring his attention,
Motion for Extension of Time: Page 3 of 4

disrupted counsel’s ability to work on the response to United State’s motion; and
(5)

other previously scheduled work deadlines on other matters in the next several

days require adjusting counsel’s schedule.
For the above-stated reasons, though counsel for the Estate has been working diligently
on its response to plaintiff’s motion to strike, he cannot adequately complete it by its current
filing date. In addition, plaintiff United States, codefendant Wayne N. Hage, and the Estate
are working out discovery and pretrial order matters in the instant case, though this is
temporarily hampered by problems with Mr. Hage’s phone service which are expected to be
resolved shortly. The United States has indicated it does not oppose the proposed 10-day
extension and Mr. Hage has consented to it subject to this court’s approval.
NOW THEREFORE, Defendant Estate herein respectfully requests that an order be
issued granting the Estate’s Motion extending the time for it to file its response to Plaintiff’s
Motion to Strike Recently Named Witnesses to and including August 21, 2011.
Respectfully submitted this 11th Day of August, 2011,

/s/

Mark L. Pollot
Mark L. Pollot, Esq.
Attorney for Defendant/CounterClaimant, Estate of E. Wayne Hage

8-12-11

Motion for Extension of Time: Page 4 of 4