Copper Sands Homeowners Association, Inc. et al v. Copper Sands Realty, LLC et al

Filing 251

ORDERED that defendants' Emergency Joint Motion for extension of Scheduling Order Deadlines 163 is GRANTED. FURTHER ORDERED that Motion to Extend Discovery for Plaintiffs Due to Defendants, Countrywide Home Loans, Inc.'s Pending Motion t o Dismiss Second Amended Complaint 208 is denied without prejudice. FURTHER ORDERED that Motion to Extend Discovery for Plaintiffs 211 is denied as moot. FURTHER ORDERED that Motion to Extend Discovery for Plaintiffs Due to Defendant, Plaster Dev elopment Company, Inc.'s Failure to Disclose over 20,000 Documents 213 is denied as moot. FURTHER ORDERED that the court's Order 157 Scheduling Settlement Conference is vacated. FURTHER ORDERED that defendant, Irwin Mortgage Corp oration's Request for Permission to Attend the Settlement Conference by Telephone 248 is denied as moot. FINALLY ORDERED that the scheduling order is hereby modified to reflect the following deadlines: Discovery cutoff - 9/29/11; Dispositive motions - 10/29/11; Interim Status Report - 8/2/11; Joint Pretrial Order - 11/29/11. Signed by Magistrate Judge Lawrence R. Leavitt on 7/1/11. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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COPPER SANDS HOME OWNERS
ASSOCIATION, INC., et al.,

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Plaintiff,
v.
COPPER SANDS REALTY, LLC, et al.,

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Defendants.
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2:10-cv-00510-GMN-LRL
ORDER

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Before the court is defendants, Copper Sands Realty, LLC, Robert Colucci, Dario Deluca,

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Copper Sands Investors, LP, Renato Deluca, Pacifica Enterprises Holdings, LP, Pacifica Enterprises,

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Inc., Pacifica Enterprises LLC, Pacifica Real Estate Investments, Inc., Pacifica Real Estate Services,

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Inc., and Vimark Re Enterprises, LLC’s Emergency Joint Motion for Extension of Scheduling Order

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Deadlines Pursuant to LR 6-1 and LR 26-4 (#163). Defendant Manietta Electric Inc. filed a Joinder

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(#164) to the Motion (#163). The court has considered the motion, plaintiffs’ Objection (#167) and

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Opposition (#198), and defendants’ Reply (#216).

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Also before the court are plaintiffs’ Motion to Extend Discovery for Plaintiffs Due To

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Defendants, Countrywide Home Loans, Inc.’s Pending Motion (#5) to Dismiss Second Amended

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Complaint (#208), to which defendant Countrywide Home Loans, Inc. filed an Opposition and Counter-

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Motion to Extend Discovery (#234);1 plaintiffs’ Motion to Extend Discovery for Plaintiffs Due to

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The docket reflects that Reply (#241) is in reply to the Opposition (#234). The substance of the Reply (#241)
reveals, however, that it is in reply to Opposition (#232), which relates to a different motion in this matter.

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Defendant, Defendants’s [sic.] Pending Objection and Request for Relief from the Magistrate’s Denial

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of the Motion to Strike Discovery, or In the Alternative for Protective Order (#211), to which defendants

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filed an Opposition (#244); plaintiffs’ Motion to Extend Discovery for Plaintiffs Due to Defendant,

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Plaster Development Company, Inc.’s Failure to Disclose over 20,000 Documents (#213), to which

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defendant Plaster Development Company, Inc. filed an Opposition (#217); and defendant, Irwin

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Mortgage Corporation’s Request for Permission to Attend the Settlement Conference by Telephone

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(#248).

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Pursuant to the court’s March 10, 2011, Scheduling Order (#124) on stipulation, discovery cutoff

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was June 1, 2011. On March 31, 2011, the court dismissed without prejudice the plaintiffs’ eighteenth,

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nineteenth, twentieth, and twenty-first causes of action, with leave to amend. Order (#134). On April

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13, 2011, this matter was referred to the undersigned to set a settlement conference. Minute Order

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(#149). The court thereafter entered an Order (#157) Scheduling a Settlement Conference for July 11,

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2011. On April 26, 2011, plaintiffs filed a third Amended Complaint (#154). On May 13, 2011,

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defendant Manietta Electric, Inc., filed its Answer (#168) to the third amended complaint and asserted

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a crossclaim against Copper Sands Realty, LLC, Pacifica Enterprises, Inc., Pacifica Real Estate

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Services, Inc. Additionally, several discovery related motions remain outstanding, as well as defendants’

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Objection (#145) and Request for Relief from the Magistrate’s Denial of the Motion to Strike

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Discovery, or in the Alternative for Protective Order (#127). The court in its discretion will amend its

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scheduling order as to all remaining deadlines and, finding that a settlement conference at this time is

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premature, vacate its order scheduling a settlement conference.

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Accordingly,

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IT IS ORDERED that defendants’ Emergency Joint Motion for Extension of Scheduling Order

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Deadlines Pursuant to LR 6-1 and LR 26-4 (#163) is GRANTED.

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IT IS FURTHER ORDERED that plaintiffs’ Motion to Extend Discovery for Plaintiffs Due To

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Defendants, Countrywide Home Loans, Inc.'s Pending Motion to Dismiss Second Amended Complaint

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(#208) is denied without prejudice. Plaintiffs may, if necessary, re-file the motion upon the court’s
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ruling on the Motion to Dismiss (#5).
IT IS FURTHER ORDERED that plaintiffs’ Motion to Extend Discovery for Plaintiffs (#211)
is denied as moot.

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IT IS FURTHER ORDERED that plaintiffs’ Motion to Extend Discovery for Plaintiffs Due to

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Defendant, Plaster Development Company, Inc.’s Failure to Disclose over 20,000 Documents (#213)

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is denied as moot.

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IT IS FURTHER ORDERED that the court’s Order (#157) Scheduling Settlement Conference
is vacated.
IT IS FURTHER ORDERED that defendant, Irwin Mortgage Corporation’s Request for
Permission to Attend the Settlement Conference by Telephone (#248) is denied as moot.
FINALLY, IT IS ORDERED that the scheduling order is hereby modified to reflect the
following deadlines:
Discovery cutoff
Dispositive motions
Interim Status Report
Joint Pretrial Order

September 29, 2011
October 29, 2011
August 2, 2011
November 29, 2011

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DATED this 1st day of July, 2011.

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LAWRENCE R. LEAVITT
UNITED STATES MAGISTRATE JUDGE

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