Drive Time Automotive, Inc. v. DeGuzman et al

Filing 65

ORDER Granting 64 Stipulation to Stay Proceedings. Signed by Magistrate Judge Cam Ferenbach on 7/24/2015. (Copies have been distributed pursuant to the NEF - DC)

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DICKINSON WRIGHT PLLC
MICHAEL N. FEDER
Nevada Bar No. 7332
E-mail: [e-mail]
GABRIEL A. BLUMBERG
Nevada Bar No. 12332
Email: [e-mail]
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Fax: [phone]
Attorneys for DriveTime Automotive, Inc.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DRIVETIME AUTOMOTIVE, INC.,
Plaintiff,

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CASE NO. 2:14-cv-782-RFB-VCF

JOINT STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS
UNTIL A DECISION IS RENDERED ON
MARLON DEGUZMAN, an individual;
[DKT 54] THE RADWAN DEFENDANTS'
SHAKER RADWAN, an individual; K & S
OBJECTION TO [DKT 51] THE REPORT
AUTO SALES, INC., a California corporation;
AND RECOMMENDATION OF THE
TEXAS FINE CARS, INC., a Texas corporation; MAGISTRATE JUDGE
CAR SHOW MOTORS, a California entity; and
DEMETRI JONY (d/b/a Car Show Motors), an
individual,
vs.

Defendants.

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Plaintiff DriveTime Automotive, Inc. ("DirveTime"), by and through its counsel, the law

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firm of Dickinson Wright PLLC; Defendant Marlon DeGuzman ("DeGuzman"), by and through

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his counsel, the law firm of Mark R. Smith, P.C.; and Defendants Shaker Radwan, K & S Auto

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Sales, Inc., Texas Fine Cars, Inc., Car Show Motors, Inc., and Demetri Jony (collectively the

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"Radwan Defendants"), by and through their counsel, the law firm of Garcia-Mendoza &

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Snavely, pursuant to Local Rule 7-1, hereby stipulate and agree that this matter should be stayed

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pending resolution of [Dkt. 54] The Radwan Defendants' Objection to [Dkt. 51] The Report and

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Recommendation of the Magistrate Judge (the "Objection").

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There is good cause for this stipulation. On February 6, 2015, DriveTime filed [Dkt 39]

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Plaintiff s Emergency Motion for Order to Show Cause Why Defendants Should Not be Held in

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Contempt of the Court's Order (the "OSC Motion").

On February 25, 2015, the Radwan

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Defendants submitted an opposition the OSC Motion [Dkt. 41]. DriveTime filed its Reply in

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support of the OSC Motion on March 5, 2105 [Dkt. 42] and Judge Ferenbach held a heairng on

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Apirl 2, 2015. Judge Ferenbach continued the hearing to Apirl 13, 2015 and then issued his

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Report and Recommendation [Dkt. 51] on April 30, 2015, recommending that the Radwan

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Defendants' Answers be stircken and defaults be entered against them. The Radwan Defendants

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filed their Objection [Dkt. 54] on May 18, 2015 and DriveTime filed its Response to the

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Objection [Dkt. 61] on June 4, 2015. To date, the Court has not ruled upon Judge Ferenbach's

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Report and Recommendation.

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The discovery cutoff date is July 21, 2015 and the dispositive motion deadline is August

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28, 2015. Without a ruling on the Radwan Defendants' pending Objection, the parties will be

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unable to discern whether further discovery or dispositive motions are necessary or even

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appropriate. If the Objection is denied, a default will be entered against the Radwan Defendants

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and no further discovery will be necessary with respect to the Radwan Defendants. In contrast, if

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the Objection is granted, further discovery will be necessary and the parties would be prejudiced

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by having had the discovery period close. Thus, this stay is not requested for any

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improper purpose or delay, but rather for good cause.

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RESPECTFULLY SUBMITTED,

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DATED this 17th day of July 2015.

DATED this 17ht day of July 2015.

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DICKINSON WRIGHT PLLC

LAW OFFICES OF MARK R. SMITH, P.C.

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/s/ Gabriel A. BlumberR
MICHAEL N. FEDER
Nevada Bar No. 7332
GABRIEL A. BLUMBERG
Nevada Bar No. 12332
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Attorneys for Drive Time Automotive, Inc.

/s/ Mark R. Smith
MARK R. SMITH
Nevada Bar No. 11872
6166 S. Sandhill Road, Suite 140
Las Vegas, NV 89120
Tel: [phone]
Attorneys for Marlon DeGuzman

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DATED this 17th day of July 2015.

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GARCIA-MENDOZA & SNAVELY, CHTD.

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Is/ Luther M. Snavely, III
EVA GARCIA-MENOZA
Nevada Bar No. 1779
LUTHER M. SNAVELY, III
Nevada Bar No. 5507
501 South Seventh Street
Las Vegas, NV 89101
Tel: [phone]
Attorneys .for the Radwan Defendants

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IT IS SO ORDERED:

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UNITED STATES DISTRICT JUDGE
Magistrate
July 24, 2015
DATED: