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)
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
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?