Federal Trade Commission v. Ideal Financial Solutions, Inc. et al

Filing 204

ORDER denying 195 Motion to Dismiss. Signed by Judge Jennifer A. Dorsey on 9/2/2014. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Federal Trade Commission,
Case No.: 2:13-cv-00143-JAD-GWF

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Plaintiff,
Order Denying Steven Sunyich’s
Motion to Dismiss [Doc. 195]

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vs.

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Ideal Financial Solutions, Inc., et al.,

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Defendants.

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Currently before the Court is Defendant Steven Sunyich’s “motion to dismiss,” which
Defendant Federal Trade Commission argues is untimely under the court’s scheduling order. Docs.
195, 197. Sunyich, the FTC, and other parties to the case explicitly stipulated to dates in the
scheduling order on May 16, 2013. Doc. 66 at 8. On May 30, 2013, the court adopted the parties’
proposed dates. Id. Under the scheduling order entered into the record, dispositive motions, which
include motions to dismiss, were due by March 19, 2014. Id. at 4. Sunyich filed the instant “motion
to dismiss” on June 14, 2014—nearly three months after the dispositive deadline expired.
Under Rule 16(b)(4), “[a] schedule may be modified only for good cause and with the
judge’s consent.”1 In an apparent attempt to demonstrate good cause, Sunyich, insists that “he is
NOT an attorney,” and “was not aware of the five-month time limitation under Rule 12(b)(6).” Doc.
198 at 7. Sunyich’s bald statement that he was “not aware” of the scheduling deadlines that he
previously stipulated to fails to demonstrate good cause. And Sunyich’s lack of legal sophistication
cannot justify his negligence; the scheduling order is not a complex treatise on an arcane
jurisprudential topic, but a short and straightforward document that established firm dates that
Sunyich, himself, agreed to. See Doc. 6 at 8. Because Sunyich’s motion is untimely and he failed to
demonstrate good cause for modification of the court’s scheduling order under Rule 16(b)(4),
Sunyich’s motion is denied.

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Fed. R. Civ. Proc. 16(b)(4).

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Accordingly, it is HEREBY ORDERED that Defendant Steven Sunyich’s Motion to Dismiss
[Doc. 195] is DENIED.
DATED September 2, 2014

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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE

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