United States of America v. Cellini et al

Filing 29

ORDER Granting 28 Motion to Extend Time for Filing Joint Pretrial Order. Proposed Joint Pretrial Order due by 3/27/2014. Signed by Magistrate Judge Cam Ferenbach on 2/10/14. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:12-cv-00471-GMN-VCF Document 28 Filed 02/06/14 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.

)
)
)
)
)
)
)
)
)
)
)

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

The United States respectfully requests a 45 day extension of time to file the parties’
Joint Pretrial Order, which is currently due to the Court no later than February 10, 2014. This
deadline has been previously extended one time. The basis for this request is as follows:
1.

Undersigned counsel has recently been informed by the Law Offices of John Lusk,

attorney for defendant Harry Portnoy, that Mr. Lusk has been hospitalized due to a serious health
condition. Undersigned counsel was further informed that, due to his hospitalization, Mr. Lusk
would require additional time to meet his obligations under the Discovery Plan and Scheduling
Order in this case (Doc. 18), including meeting the parties’ deadline to file a Joint Pretrial Order

Case 2:12-cv-00471-GMN-VCF Document 28 Filed 02/06/14 Page 2 of 4

by no later than February 10, 2014 (Doc. 27). Unfortunately, at this time, due to the seriousness
of Mr. Lusk’s condition, the duration of his hospitalization is unknown.
2.

Undersigned counsel is further informed that Mr. Lusk has arranged for attorney

Theodore Williams to see to his affairs during his health-related absence. Mr. Williams has
informed undersigned counsel that Mr. Lusk does not oppose this second request for an
extension. 1
3.

On unopposed motion, the Court previously extended the parties’ deadline to file their

Joint Pretrial Report to February 10, 2014. (Doc. 27.)
4.

As noted in the earlier request for an extension of this same deadline (Doc. 26), prior to

Mr. Lusk’s hospitalization, counsel for both parties had been working diligently to resolve this
case without the need for trial. Specifically, the United States has proposed a specified conduct
injunction that would resolve all claims in the case, and the defendant and his counsel were in
process of considering that proposal when Mr. Lusk was hospitalized.
5.

Despite Mr. Lusk’s hospitalization, counsel for both parties believe that settlement of this

matter is still possible, and that good cause exists to grant a second extension of time to file the
Joint Pretrial Report, in light of the exigent circumstances.
6.

The additional time will allow Mr. Lusk to resume his normal affairs, and it 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 accommodate Mr.

Lusk’s exigent circumstances, and possibly to resolve this matter and conserve scarce resources.

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.)
2

Case 2:12-cv-00471-GMN-VCF Document 28 Filed 02/06/14 Page 3 of 4

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 45 day extension of time to file
the parties’ Joint Pretrial Order, which is currently due to the Court no later than March 27, 2014.
Dated: February 6, 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

3

Case 2:12-cv-00471-GMN-VCF Document 28 Filed 02/06/14 Page 4 of 4

CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that, on February 6, 2014, the foregoing UNOPPOSED
MOTION TO EXTEND TIME FOR FILING JOINT PRETRIAL ORDER (SECOND
REQUEST) 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

4

Case 2:12-cv-00471-GMN-VCF Document 28-1 Filed 02/06/14 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.

)
)
)
)
)
)
)
)
)
)
)

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

This matter comes before the Court on the United States’ MOTION TO EXTEND TIME
FOR FILING JOINT PRETRIAL ORDER (SECOND REQUEST). (Doc. 28.) For good cause
shown, the Court hereby GRANTS the United States’ motion. Accordingly, it is hereby
ORDERED that:
The parties are granted a 45 day extension of time to file the Joint Pretrial Order;
The Joint Pretrial Order shall be filed no later than March 27, 2014.
10th
IT IS SO ORDERED this ___ day of February, 2014.

_______________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE