Bank of America, N.A. v. Bailey et al

Filing 87

ORDER Granting 86 Stipulation for Extension of Time to file Pretrial Order (Eighth Discovery Deadline Request). Signed by Magistrate Judge George Foley, Jr on 9/18/17. (Copies have been distributed pursuant to the NEF - MR)

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GLENN F. MEIER, ESQ.
Nevada Bar No. 006059
[e-mail]
RACHEL E. DONN, ESQ.
Nevada Bar No. 10568
[e-mail]
HOLLEY DRIGGS WALCH FINE
WRAY PUZEY & THOMPSON
400 South Fourth Street, Third Floor
Las Vegas, Nevada 89101
Telephone:
702/791-0308
Facsimile:
702/791-1912
Attorneys for Plaintiff/Counterdefendant
BANK OF AMERICA, N.A.

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UNITED STATED DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.

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vs.
SAMUEL R. BAILEY, an individual; PETE G.
AGUILAR, an individual; and DOES 1 through
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(EIGHTH DISCOVERY
DEADLINE REQUEST)

Defendants.
_____________________________________________
SAMUEL R. BAILEY,

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STIPULATION AND (PROPOSED)
ORDER TO EXTEND DEADLINE
TO FILE PRETRIAL ORDER

Plaintiff,

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CASE NO. 2:14-cv-00885-JCM-GWF

Defendant/Counterclaimant,
vs.
BANK OF AMERICA, N.A., WESTCOR LAND
TITLE INSURANCE COMPANY, a Florida
corporation; and NEVADA TITLE COMPANY, a
Nevada Corporation;
Counterdefendants.

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Plaintiff/Counterdefendant, Bank of America, N.A. (hereinafter “BANA” or “Plaintiff”),

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by and through its counsel of record, Rachel E. Donn, Esq. of HOLLEY DRIGGS WALCH
10695-01-1936398

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FINE WRAY PUZEY & THOMPSON and Defendant/Counterclaimant SAMUEL R. BAILEY

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(hereinafter “Bailey” or “Defendant”), by and through his counsel of record, Frank M.

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Flansburg, III, Esq. of SCHWARTZ FLANSBURG PLLC hereby agree and stipulate to extend

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the deadline to file the Pretrial Order which is currently due on July 21, 2017 as follows:

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Based on the following, the parties hereto respectfully request an extension to file the

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Pretrial Order 30 days after ruling on Plaintiff BANA’s Motion to Bifurcate Trial (ECF No. 77)

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filed on July 19, 2017, as follows:

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1.

The Parties stipulated to new deadlines on August 5, 2016 (ECF No. 64).

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2.

Thereafter, the Parties attended a Mediation at which some of the claims were
resolved.

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3.

Bailey, the case was not resolved.

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Between Plaintiff/Counterdefendant BANA and Defendant/Counterclaimant

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Following the Mediation, Defendant/Counterclaimant Bailey took the deposition

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of the 30(b)(6) designee for Plaintiff/Counterdefendant BANA. The date for the

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30(b)(6) deposition had been set prior to Mediation and was set forth and

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contemplated in the August 5, 2016 discovery stipulation (EFC No. 64).

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5.

The Parties are working together to determine whether any additional discovery

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may be produced following the deposition and may lead to a potential discovery

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motion.

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6.

Because the deposition transcript was received on October 6, 2016, the Parties

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have agreed to extend the time for which to file discovery motions.

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extension will change the deadline for discovery motions from October 7, 2016 to

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October 14, 2016.

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7.

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Plaintiff/Counterdefendant BANA filed a Motion for Summary Judgment on
October 14, 2016 (ECF No. 68).

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This

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Defendant/Counterclaimant Bailey filed a Motion for Summary Judgment on
October 31, 2016 (ECF No. 70).

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10695-01-1936398

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On June 22, 2017, the Court granted in part and denied in part

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Plaintiff/Counterdefendant BANA’s Motion for Summary Judgment (ECF No.

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76).

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10.

On June 22, 2017, the Court denied Defendant/Counterclaimant Bailey’s Motion
for Summary Judgment (ECF No. 76).

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On July 19, 2017, BANA filed a Motion to Bifurcate Trial (ECF No. 77).

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12.

On August 2, 2017 Bailey filed a Response to Motion to Bifurcate Trial (ECF No.
80).

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No. 84).

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On August 18, 2017, BANA filed a Reply to its Motion to Bifurcate Trial (ECF

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On August 18, 2017, the Court granted a Stipulation to Extend Time to Reply to
Motion to Bifurcate (ECF No. 85).

LR26-4 statement:

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Good cause and/or excusable neglect exist to extend Pretrial Order deadline because

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based on the Court’s ruling of BANA’s Motion to Bifurcate (ECF No. 77), the ruling can affect

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the scope of the Pretrial Order and the parties are in settlement discussions at this time.

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The current deadline to file the Pretrial Order is September 4, 2017 and the Parties

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request that the deadline to file the Pretrial Order be continued for 30 days from the ruling on the

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Motion to Bifurcate Trial (ECF No. 77).

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IT IS SO STIPULATED.

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Dated this 5th day of September, 2017

Dated this 5th day of September, 2017

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HOLLEY DRIGGS WALCH FINE
WRAY PUZEY & THOMPSON

SCHWARTS FLANSBURG PLLC

By: /s/ Rachel E. Donn
Glenn F. Meier, Esq.
Nevada Bar No. 006059
Rachel E. Donn, ESQ.
Nevada Bar No. 010568
400 S. Fourth St, 3rd Fl.
Las Vegas, Nevada 89101
Attorneys for Plaintiff-Counterdefendant
Bank of America, N.A.

By: /s/ Frank M. Flansburg
Frank M. Flansburg, Esq.
Nevada Bar No. 6974
6623 Las Vegas Blvd., Suite 300
Las Vegas, NV 89119
Attorneys for Defendant/Counterclaimant
Samuel R. Bailey

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10695-01-1936398

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ORDER

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Based on the foregoing, IT IS SO ORDERED that the time to file the Pretrial Order be

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extended from the current deadline of September 4, 2017 until 30 days after the ruling of

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BANA’s Motion to Bifurcate Trial (EFC No. 77).

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September
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DATED this ___ day of ____________, 2017.
UNITED STATES MAGISTRATE JUDGE

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10695-01-1936398

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Submitted by:

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HOLLEY DRIGGS WALCH FINE
WRAY PUZEY & THOMPSON

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By:

/s/ Rachel E. Donn
Glenn F. Meier, Esq.
Nevada Bar No. 006059
Rachel E. Donn, ESQ.
Nevada Bar No. 010568
400 S. Fourth Street, Third Floor
Las Vegas, Nevada 89101
Attorneys for Plaintiff/Counterdefendant
Bank of America, N.A.

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10695-01-1936398

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 5th day of September, 2017, a true copy of the
STIPULATION AND (PROPOSED) ORDER TO EXTEND DEADLINE TO FILE
PRETRIAL ORDER (EIGHTH DISCOVERY DEADLINE REQUEST)was served upon
each of the parties via electronic service through the United States District Court of the District
of Nevada’s ECF system:
Frank M. Flansburg, Esq.
Brian Blankenship, Esq.
Schwartz Flansburg PLLC
6623 Las Vegas Blvd., Suite 300
Las Vegas, NV 89119
T: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Defendant/Counterclaimant
Samuel R. Bailey
Donna Wittig, Esq.
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Email: [e-mail]
Associate Counsel for: Plaintiff/
Counterdefendant Bank of America, N.A.

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/s/ S. Renee Hoban
an employee of Holley Driggs Walch Fine
Wray Puzey & Thompson

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10695-01-1936398

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