United States of America v. Cellini et al

Filing 27

ORDER Granting 26 Motion to Extend Time for Filing Joint Pretrial Order. Proposed Joint Pretrial Order due by 2/10/2014. Signed by Magistrate Judge Cam Ferenbach on 1/10/14. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:12-cv-00471-GMN-VCF Document 26 Filed 01/08/14 Page 1 of 4

RICHARD G. ROSE
D.C. Bar No. 493454
Trial Attorney, Tax Division
U.S. Department of Justice
Post Office Box 7238
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
E-mail: [e-mail]
Attorney for the United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARGE L. CELLINI and HARRY
PORTNOY, individually, and d/b/a TAX
FACTORY, INC., and/or MYST INC.,
Defendants.

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2:12-cv-00471-GMN-VCF
UNOPPOSED MOTION TO
EXTEND TIME FOR FILING JOINT
PRETRIAL ORDER

The United States respectfully requests a 30 day extension of time to file the parties’
Joint Pretrial Order, which is currently due to the Court no later than January 9, 2014. This
deadline has not been previously extended. The basis for this request is as follows:
1.

On January 8, 2014, undersigned counsel contacted John Lusk, attorney for defendant

Harry Portnoy, who stated that he did not oppose this request for an extension.1
2.

On October 16, 2012, the Court entered the Discovery Plan and Scheduling Order in this

case. (Doc. 18.)

1

Defendant Harry Portnoy is the only remaining defendant in the case; judgment was
entered against defendant Marge L. Cellini on December 10, 2013. (Doc. 25.)

Case 2:12-cv-00471-GMN-VCF Document 26 Filed 01/08/14 Page 2 of 4

3.

Pursuant to the Discovery Plan and Scheduling Order, the parties are required to file their

Joint Pretrial Report no later than January 9, 2014. (Doc. 18.)
4.

Counsel for both parties have been working diligently to resolve this case without the

need for trial. At this time, the United States has proposed a specified conduct injunction that
would resolve all claims in the case, and the defendant and his counsel are currently considering
that proposal.
5.

As a result of these recent settlement discussions, counsel for both parties believe that

settlement of this matter is possible, and that good cause exists to grant an extension of time to
file the Joint Pretrial Report.
6.

The additional time will allow the parties to continue their settlement discussions and

focus on a final resolution of this matter, rather than potentially unnecessary pre-trial
preparation.
7.

Accordingly, this request is not made for purposes of delay, but to possibly resolve this

matter and conserve scarce resources.
8.

The parties have otherwise litigated this case expeditiously, including the completion of

discovery without any requests to extend discovery deadlines.
WHEREFORE, the United States respectfully requests a 30 day extension of time to file
the parties’ Joint Pretrial Order, which is currently due to the Court no later than January 9, 2014.

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Case 2:12-cv-00471-GMN-VCF Document 26 Filed 01/08/14 Page 3 of 4

Dated: January 8, 2014

Respectfully submitted,
/s/ Richard G. Rose
RICHARD G. ROSE
D.C. Bar No. 493454
Trial Attorney
Tax Division
U.S. Department of Justice
Post Office Box 7238
Ben Franklin Station
Washington, D.C. 20044
P: [phone]
F: [phone]
E: [e-mail]
Attorney for the United States of America

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Case 2:12-cv-00471-GMN-VCF Document 26 Filed 01/08/14 Page 4 of 4

CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that, on January 8, 2014, the foregoing UNOPPOSED
MOTION TO EXTEND TIME FOR FILING JOINT PRETRIAL ORDER was electronically
filed with the Court using the CM/ECF system, to be served by operation of the Court’s
electronic filing system upon the following:
John R. Lusk
517 S. Third Street
Las Vegas, NV 89101
[phone]
[e-mail]
Attorney for Harry Portnoy

/s/ Richard G. Rose
RICHARD G. ROSE
U.S. Department of Justice

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Case 2:12-cv-00471-GMN-VCF Document 26-1 Filed 01/08/14 Page 1 of 1

RICHARD G. ROSE
D.C. Bar No. 493454
Trial Attorney, Tax Division
U.S. Department of Justice
Post Office Box 7238
Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
E-mail: [e-mail]
Attorney for the United States of America

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
Plaintiff,
v.
MARGE L. CELLINI and HARRY
PORTNOY, individually, and d/b/a TAX
FACTORY, INC., and/or MYST INC.,
Defendants.

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2:12-cv-00471-GMN-VCF
[proposed] ORDER ON MOTION TO
EXTEND TIME FOR FILING JOINT
PRETRIAL ORDER

This matter comes before the Court on the United States’ MOTION TO EXTEND TIME
FOR FILING JOINT PRETRIAL ORDER. (Doc. 26.) For good cause shown, the Court hereby
GRANTS the United States’ motion. Accordingly, it is hereby ORDERED that:
The parties are granted a 30 day extension of time to file the Joint Pretrial Order;
The Joint Pretrial Order shall be filed no later than February 10, 2014.
IT IS SO ORDERED this ___ day of January, 2014.
10th
_______________________________
GLORIA M. NAVARRO
UNITED STATES DISTRICT JUDGE
Magistrate