Voggenthaler, et al., v. Maryland Square, LLC, et al.,

Filing 490

ORDER Granting #483 Motion for Continuance and Extension of Time to Oppose Motion to Compel Compliance. (Responses due by 11/12/2010; and Motion Hearing set for 11/29/2010 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr..) Signed by Magistrate Judge George Foley, Jr on 10/20/2010. (Copies have been distributed pursuant to the NEF - DXS)

Voggenthaler, et al., v. Maryland Square, LLC, et al.,

Doc. 490

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Greenberg Traurig, LLP Suite 500 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 [phone] [phone] (fax)

MARK E. FERRARIO. Nevada Bar No. 1625 TAMI D. COWDEN Nevada Bar No. 8994 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Telephone: [phone] Facsimile: [phone] Emails: [e-mail] [e-mail] Counsel for Third Party Defendant Sears Roebuck & Co. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA PETER J. VOGGENTHALER, et al. Case No.: 2:08-cv-01618-RCJ-GWF Plaintiffs, vs. MARYLAND SQUARE, LLC; et. al. Defendants. Consolidated with: AND RELATED CROSS AND THIRD PARTY CLAIMS Case No.:
STATE OF NEVADA, DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL PROTECTION, BUREAU OF CORRECTIVE ACTIONS, Plaintiff, vs. MARYLAND SQUARE SHOPPING CENTER, LLC, et. al. Defendants

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3:09-cv-00231-RCJ-GWF ORDER REGARDING THIRD PARTY DEFENDANT SEARS ROEBUCK & CO.'S MOTION FOR CONTINUANCE AND EXTENSION OF TIME TO OPPOSE MOTION TO COMPEL COMPLIANCE WITH SUBPOENA FIRST REQUEST

AND RELATED THIRD PARTY CLAIMS Page 1
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Dockets.Justia.com

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Third Party Defendant Sears Roebuck & Company ("Sears"), by and through counsel of record, Greenberg Traurig, LLP, submits this Motion for an extension of time to file an opposition to the Motion to Compel Compliance with Subpoena [Doc. 476] filed by filed by Third Party Plaintiffs Maryland Square Shopping Center, LLC; the Herman Kishner Trust, dba Maryland

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Greenberg Traurig, LLP Suite 500 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 [phone] [phone] (fax)

Square Shopping Center; Irwin Kishner, Jerry Engel, and Bank of America, as Trustees for The Herman Kishner Trust; (collectively, "Kishner Parties). This request is made pursuant to Local Rule 6.1, and is based upon the attached memorandum of authorities, the files and pleadings in the case, and such oral argument as the Court may permit. MEMORANDUM OF AUTHORITIES Sears respectfully requests an extension of time to respond to the Kishner Parties' Motion to Compel Compliance ("Motion") with a subpoena issued by the Maryland Square Parties in July 13,

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2010. See Motion, Exhibit 3. The subpoena was issued pursuant to FRCP 45; no discovery schedule has been set for the third party litigation in this matter. The Motion was filed on October 5, 2010, and Sears' opposition is due on October 22, 2010. The motion includes affidavit from an expert that had not been included with the subpoena. A hearing of the Motion has been set for November 4, 2010 at 10:30 am before Magistrate Judge George Foley. Sears respectfully requests a two week extension of time in which to file its opposition. Because that two week period would extend beyond the time of the scheduled hearing, a continuance of the hearing to a date convenient to the Magistrate Judge is also requested. Good cause exists for such extension as Sears has been required to engage an expert witness to review the expert opinions included in the Motion, including the opinion of Mr. Howe not received prior to that Motion. Sears' expert is unable to complete her report within the existing time period for a response, but does anticipate that her report regarding the proposed testing can be

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The undersigned affirms that a request for an extension of time to file an opposition was made to counsel for the Kishner Parties on October 18, 2010, which request was denied the same day. It is the understanding of Sears' counsel that counsel for the Boulevard Mall, another third party defendant at whom the Motion to Compel is directed, will also be requesting an extension and

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Greenberg Traurig, LLP Suite 500 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 [phone] [phone] (fax)

continuance. DATED this ___ day of October 2010. GREENBERG TRAURIG, LLP

BY:

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_/S/ TAMI D. COWDEN MARK E. FERRARIO. Nevada Bar No. 1625 TAMI D. COWDEN Nevada Bar No. 8994 3773 Howard Hughes Parkway Suite 400 North Las Vegas, Nevada 89169 Christopher J. Neumann Gregory R. Tan The Tabor Center 1200 17th Street, Suite 2400 Denver, CO 80202 Counsel for Third Party Defendant Sears Roebuck & Co.

ORDER The time for the response to the Kishner Parties' Motion to Compel Compliance is extended from October 22, 2010 to November 12, 2010. The date of the hearing of such motion is

November 29, day of ______________, 2010. rescheduled to _____________ 2010 at 9:30 a.m. IT IS SO ORDERED, _________________________________ GEORGE FOLEY, JR. _________________________________________ United States Magistrate Judge United States Magistrate Judge DATED: October 20, 2010 Page 3

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CERTIFICATE OF SERVICE I hereby certify that on the 19th day of October 2010, I electronically filed the foregoing document with the Clerk of the Court for the U.S. District Court, District of Nevada, using the electronic case filing system. The electronic case filing system sent a "Notice of Electronic Filing"

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Greenberg Traurig, LLP Suite 500 North, 3773 Howard Hughes Parkway Las Vegas, Nevada 89109 [phone] [phone] (fax)

to the attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means.

/s/ S. Renee Hoban An employee of Greenberg Traurig

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