Phillips v. Dignified Transition Solutions et al

Filing 55

ORDER Granting 53 Motion to Continue Magistrate Judge Hearing and 54 Motion to Expedite. Show Cause Hearing reset for 4/22/2015 03:00 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 4/6/15. (Copies have been distributed pursuant to the NEF - TR)

1

6

ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

7

Attorneys for Defendants

2
3
4
5

8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

10
11

MARY PHILLIPS, an individual
Case No.: 2:13-cv-2237-GMN-VCF

12

Plaintiff,

13

v.

14

DIGNIFIED TRANSITION SOLUTIONS, a
Delaware limited liability company; BANK OF
AMERICA, N.A.; and DOES 1 through 10,
inclusive,

15
16

EMERGENCY MOTION TO CONTINUE
HEARING ON ORDER TO SHOW
CAUSE [ECF NO. 51]
(First Request)

Defendants.

17
18

Bank of America, N.A., and Dignified Transition Solutions move for the court to continue

19

the April 16, 2015, hearing on its order to show cause [ECF No. 51]. Defendants also move for

20

expedited relief because the court cannot decide this motion prior to April 16 if it considers it on the

21

normal schedule under LR 7-2.

22

April 16 presents a scheduling conflict because Ariel Stern, one of the lawyers for the

23

defendants, is scheduled to appear for an oral argument in San Francisco before the Ninth Circuit on

24

that date. The oral argument is set in Closson v. Bank of America, Case No. 13-15317. Apart from

25

the appellate argument on April 16, defendants' counsel are scheduled for out-of-state business travel

26

between April 29, 2015 and May 7, 2015.

27
28

Given the conflict with April 16 and April 29 through May 7, defendants request that the
court continue the hearing to the week of April 20, or for a date after May 7.
{30711507;1}

1
2
3

This request is made to accommodate other scheduled obligations of counsel, not for the
purpose of delay.
Dated: April 6, 2015.

4
AKERMAN LLP

5
6

/s/ Ariel E. Stern
_________________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

7
8
9

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

10

Attorneys for Defendants

11
12
13
14

[PROPOSED ORDER]

15

IT IS ORDERED that the hearing on the order to show cause, Dkt. No. 51, which is

16

currently set for April 16, 2015, is continued to the 22nd day of April, 2015 at 3 P.M.

17

_____________________________
United States Magistrate Judge

18
19

April 6, 2015
DATED: _____________________

20
21
22
23
24
25
26
27
28
{30711507;1}

2