US Bank, NA v. Recovery Services Northwest, Inc.,

Filing 90

ORDER Granting Plaintiff's 87 Motion to Extend Time (First Request). The deadline to file Dispositive Motions and to file Responses to 81 Motion for Summary Judgment and 82 Renewed Motion for Judicial Notice is 9/30/2016. Signed by Magistrate Judge George Foley, Jr on 7/28/2016. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:13-cv-01254-APG-GWF Document 87 Filed 07/26/16 Page 1 of 4 1 2 3 4 Ryan A. Loosvelt, Esq. (8550) Patrick J. Reilly (6103) HOLLAND & HART LLP 9555 Hillwood Dr., 2nd Floor Las Vegas, NV 89134 P: 702-669-4600 F: 702-669-4650 raloosvelt@hollandhart.com 5 Attorneys for Plaintiff U.S. Bank, N.A. 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 Plaintiff, 11 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 12 CASE NO.: 2:13-cv-01254-APG-GWF U.S. BANK, N.A., PLAINTIFF U.S. BANK, N.A.’S MOTION FOR EXTENSION OF ALL SUMMARY JUDGMENT DEADLINES PENDING DECISION ON MOTION FOR SANCTIONS, ON ORDER SHORTENING TIME v. RECOVERY SERVICES NORTHWEST, 13 INC., d/b/a CUSTOM RECOVERY, et al., 14 Defendants. (First Request to Extend All Deadlines; Second Request to Extend Deadline to Respond to Defendant’s Motions) 15 16 17 Plaintiff U.S. Bank, N.A. (“Plaintiff” or “U.S. Bank”) hereby submits its Motion for 18 Extension of All Summary Judgment Deadlines Pending Decision on Motion for Sanctions (the 19 “Motion”). 20 since it was reset by the Court’s May 12, 2016 Order [ECF No. 71]. Because Defendant filed a 21 motion for summary judgment and accompanying motion for judicial notice early, so the parties 22 stipulated to extend the time for Plaintiff to respond to those motions through the dispositive 23 motion deadline, July 30, 2016. ECF no. 84. This would be the second extension of those 24 deadlines to respond to Defendant’s motions. This is Plaintiff’s first motion request to extend the summary judgment deadline 25 July 30, 2016 is the current deadline to file dispositive motions and respond to 26 Defendant’s Motion for Summary Judgment [ECF No. 81] and Defendant’s accompanying 27 28 1 8989398_1 Case 2:13-cv-01254-APG-GWF Document 87 Filed 07/26/16 Page 2 of 4 1 Renewed Motion for Judicial Notice [ECF No. 82]. This Motion seeks to extend the July 30, 2 2016 deadlines until after Plaintiff’s Motion for Sanctions is heard August 29, 2016. 3 4 This Motion is made and based on the accompanying Memorandum of Points and Authorities, the pleadings and papers on file and the related judicial records referenced herein. 5 DATED this 26th day of July, 2016 6 HOLLAND & HART LLP 7 By: /s/ Ryan A. Loosvelt Ryan A. Loosvelt, Esq. Nevada Bar No: 8550 Patrick J. Reilly (6103) HOLLAND & HART LLP 9555 Hillwood Dr., 2nd Floor Las Vegas, NV 89134 8 9 10 11 Attorneys for Plaintiff U.S. Bank, N.A HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 12 13 14 MEMORANDUM OF POINTS AND AUTHORITIES I. 15 16 AN EXTENSION TO FILE DISPOSITIVE MOTIONS AND RESPOND TO DEFENDANT’S MOTIONS SHOULD BE GRANTED PENDING THE DECISION ON PLAINTIFF’S MOTION FOR SANCTIONS 17 After several delays by Defendant, Defendant’s Rule 30(b)(6) deposition was finally 18 conducted recently after the discovery deadlines, and shortly before the dispositive motion 19 deadline. Despite being forewarned of the obligation to educate its deponent for deposition, 20 defense counsel did not prepare the witness, the witness admittedly did “nothing” to prepare for 21 the deposition, and the witness could not testify on the subjects for examination. 22 Plaintiff filed a Motion for Sanctions On Order Shortening Time [ECF No. 85] seeking 23 monetary and evidentiary sanctions, including the striking of Custom’s Answer, for Custom’s 24 failure to produce a prepared witness for a Rule 30(b)(6) deposition. Plaintiff’s Motion will 25 affect the outcome of the issues on summary judgment, and at a minimum will affect the 26 evidence that can and cannot be offered in summary judgment. 27 /// 28 2 8989398_1 Case 2:13-cv-01254-APG-GWF Document 87 Filed 07/26/16 Page 3 of 4 1 This Court scheduled a hearing on Plaintiff’s Motion for August 29, 2016, and invited a 2 Motion for Extension by Plaintiff if it chose to file one until the Court is able to resolve the 3 Motion for Sanctions. [See ECF No. 86]. 4 The court may order an extension of deadlines for good cause before a deadline passes. 5 Fed. R. Civ. P. 6(b); LR 6-1(b). There is good cause to extend the deadline to file dispositive 6 motions and to file oppositions to Defendant’s motion for summary judgment and motion for 7 judicial notice pending the Court’s decision on Plaintiff’s Motion for Sanctions. U.S. Bank 8 requests the Court reschedule the deadlines for at least two weeks after the August 29, 2016 9 hearing on Plaintiffs’ Motion for Sanctions, or longer to allow for briefing of any potential 10 11 objection to an order on the Motion for Sanctions, or otherwise in the Court’s discretion. DATED this 26th day of July, 2016 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 12 HOLLAND & HART LLP 13 By: /s/ Ryan A. Loosvelt Ryan A. Loosvelt, Esq. Nevada Bar No: 8550 Patrick J. Reilly (6103) HOLLAND & HART LLP 9555 Hillwood Dr., 2nd Floor Las Vegas, NV 89134 Attorneys for Plaintiff U.S. Bank, N.A. 14 15 16 17 18 19 ORDER 20 IT IS SO ORDERED: Plaintiff’s Motion for Extension is GRANTED. The deadline to file 21 dispositive motions and the deadline to file oppositions to Defendants motion for summary 22 September 30 judgment and renewed motion for judicial notice shall be ________________, 2016. 23 28th DATED this ____ day of July, 2016. 24 _______________________________________ UNITED STATES DISTRICT COURT JUDGE UNITED STATES MAGISTRATE JUDGE 25 26 27 28 3 8989398_1 Case 2:13-cv-01254-APG-GWF Document 87 Filed 07/26/16 Page 4 of 4 1 2 CERTIFICATE OF SERVICE Pursuant to Fed. R. Civ. P. 5(b), I hereby certify that on the 26th day of July, 2016, I 3 served a true and correct copy of the foregoing PLAINTIFF U.S. BANK, N.A.’S MOTION 4 FOR EXTENSION OF ALL SUMMARY JUDGMENT DEADLINES PENDING 5 DECISION ON MOTION FOR SANCTIONS by electronic transmission to the parties on 6 electronic file and/or depositing same in the United States mail, first class postage fully prepaid 7 to the persons and addresses listed below : 8 9 10 Eugene J. Wait, Jr., Esq. Nevada Bar No: 1794 WAIT LAW FIRM 305 W. Moana Lane, 2nd Floor Reno, NV 89509 ewait@waitlaw.com 11 HOLLAND & HART LLP 9555 Hillwood Drive, 2nd Floor Las Vegas, Nevada 89134 12 Attorney for Defendant Recovery Services Northwest, Inc., d/b/a Custom Recovery 13 14 /s/ Yalonda Dekle An Employee of Holland & Hart LLP 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 8989398_1

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