Branch Banking and Trust Company v. Rossal et al

Filing 23

ORDER Denying as moot 21 Ex Parte Motion for Order Shortening Time. A Motion Hearing is set for 10/31/2013 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr re 20 MOTION to Stay Discovery Pending Hearing on Motion to Dismiss. Responses due by 10/23/2013. Replies due by 10/28/2013. Signed by Magistrate Judge George Foley, Jr on 10/16/2013. (Copies have been distributed pursuant to the NEF - SLR)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 9 10 11 12 13 BRANCH BANKING AND TRUST COMPANY, ) a North Carolina banking corporation, ) ) Plaintiff, ) ) vs. ) ) FELICIANO ROSSAL, et al., ) ) Defendants. ) __________________________________________) Case No. 2:12-cv-01298-JAD-GWF ORDER Motion to Stay Discovery (#20); Motion to Shorten Time (#21) 14 This matter comes before the Court on Defendants’ Motion to Stay Discovery (#20) and Ex 15 Parte Motion for Order Shortening Time (#21), both filed on October 14, 2013. Defendants seek a 16 stay in and subsequent extension of the discovery deadlines in this case. The Court will hear the 17 Motion (#20) on an expedited basis, and stay discovery pending a decision on the Motion (#20). 18 Defendants also filed an Ex Parte Motion (#21) for an expedited briefing schedule on the 19 Motion to Stay (#20). An ex parte motion or application is one that is filed with the Court, but is 20 not served upon the opposing or other parties. See Local Rule 7-5(a). All ex parte motions must 21 contain a statement showing good cause why the matter was submitted to the Court without notice 22 to all parties. See Local Rule 7-5(b). Ex parte and emergency motions are distinct. Motions may 23 be submitted ex parte only for compelling reasons, and not for emergency motions. See Local Rule 24 7-5(b). Emergency motions must be so titled, must state the nature of the emergency, and must 25 certify that good-faith efforts were made to resolve the dispute without Court action. See Local 26 Rule 7-5(d)(1)-(3). Defendants are instructed to adhere to the different rules governing these 27 distinct motions in further filings with the Court. Accordingly, 28 ... 1 IT IS HEREBY ORDERED that Plaintiff shall have until Wednesday, October 23, 2013 2 to file any response to Defendants’ Motion to Stay (#20). Defendants shall have until Monday, 3 October 28, 2013 to file any reply. The Court shall conduct a hearing on the Motion (#20) on 4 Thursday, October 31, 2013 at 9:30 AM in Las Vegas Courtroom 3A. 5 6 7 IT IS FURTHER ORDERED that Defendants’ Motion for Order Shortening Time (#21) is denied as moot. DATED this 16th day of October, 2013. 8 9 10 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?