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

Filing 94

ORDER Granting 93 Stipulation for Extension of Time re 92 Order (Eleventh Request). Proposed Joint Pretrial Order due by 3/19/2018. Signed by Magistrate Judge George Foley, Jr on 2/21/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 7 GLENN F. MEIER, ESQ. Nevada Bar No. 006059 gmeier@nevadafirm.com RACHEL E. DONN, ESQ. Nevada Bar No. 10568 rdonn@nevadafirm.com 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. 8 9 UNITED STATED DISTRICT COURT 10 DISTRICT OF NEVADA 11 -o0o- 12 13 BANK OF AMERICA, N.A. 16 17 18 19 STIPULATION AND (PROPOSED) ORDER TO EXTEND DEADLINE TO FILE PRETRIAL ORDER Plaintiff, 14 15 CASE NO. 2:14-cv-00885-JCM-GWF vs. SAMUEL R. BAILEY, an individual; PETE G. AGUILAR, an individual; and DOES 1 through 10, inclusive, (ELEVENTH REQUEST) Defendants. ____________________________________________ SAMUEL R. BAILEY, 20 Defendant/Counterclaimant, 21 22 23 24 vs. BANK OF AMERICA, N.A., WESTCOR LAND TITLE INSURANCE COMPANY, a Florida corporation; and NEVADA TITLE COMPANY, a Nevada Corporation; 25 Counterdefendants. 26 27 28 Plaintiff/Counterdefendant, Bank of America, N.A. (hereinafter “BANA” or “Plaintiff”), by and through its counsel of record, Rachel E. Donn, Esq. of HOLLEY DRIGGS WALCH 10695-01-1967148 -1- 1 FINE WRAY PUZEY & THOMPSON and Defendant/Counterclaimant SAMUEL R. BAILEY 2 (hereinafter “Bailey” or “Defendant”), by and through his counsel of record, Frank M. 3 Flansburg, III, Esq. of SCHWARTZ FLANSBURG PLLC hereby agree and stipulate to extend 4 the deadline to file the Pretrial Order which is currently due on November 20, 2017, as follows: 5 6 Based on the following, the parties hereto respectfully request a 90-day extension to file the Pretrial Order as follows: 7 1. The Parties stipulated to new deadlines on August 5, 2016 (ECF No. 64). 8 2. Thereafter, the Parties attended a Mediation at which some of the claims were resolved. 9 10 3. Bailey, the case was not resolved. 11 12 Between Plaintiff/Counterdefendant BANA and Defendant/Counterclaimant 4. Following the Mediation, Defendant/Counterclaimant Bailey took the deposition 13 of the 30(b)(6) designee for Plaintiff/Counterdefendant BANA. The date for the 14 30(b)(6) deposition had been set prior to Mediation and was set forth and 15 contemplated in the August 5, 2016 discovery stipulation (EFC No. 64). 16 5. October 14, 2016 (ECF No. 68). 17 18 6. Defendant/Counterclaimant Bailey filed a Motion for Summary Judgment on October 31, 2016 (ECF No. 70). 19 20 Plaintiff/Counterdefendant BANA filed a Motion for Summary Judgment on 7. On June 22, 2017, the Court granted in part and denied in part 21 Plaintiff/Counterdefendant BANA’s Motion for Summary Judgment (ECF No. 22 76). 23 8. On June 22, 2017, the Court denied Defendant/Counterclaimant Bailey’s Motion for Summary Judgment (ECF No. 76). 24 25 9. On July 19, 2017, BANA filed a Motion to Bifurcate Trial (EFC No. 77). 26 10. On August 2, 2017, Defendant/Counterclaimant Bailey filed a Response to 27 Motion to Bifurcate Trial (ECF No. 80). 28 10695-01-1967148 -2- 1 11. Motion to Bifurcate Trial (ECF No. 84). 2 3 12. 13. On September 21, 2017, the Court denied the Motion to Bifurcate Trial (ECF No. 88). 6 7 On August 18, 2017, the Court granted a Stipulation to Extend Time to Reply to Motion to Bifurcate (ECF No. 86). 4 5 On August 18, 2017, Plaintiff/Counterdefendant BANA filed a Reply to its 14. On October 23, 2017, the Court granted a Stipulation and Order to Extend Deadline to File Pretrial Order (9th Request) (ECF No. 90). 8 9 15. The Parties participated in a mediation which took place on January 10, 2018. 10 16. The Parties continued after the January 10, 2018 mediation to discuss potential settlement. 11 12 13 14 15 16 17 18 17. The Parties request additional time to either resolve the matter or finalize the joint pretrial order. LR26-4 statement: Good cause and/or excusable neglect exist to extend the Pretrial Order deadline because a mediation was held on January 10, 2018. The parties continue to be in settlement discussions. The deadline to file the Pretrial Order is February 16, 2018 and the Parties request a 30day extension or until March 19, 2018. 19 IT IS SO STIPULATED. 20 Dated this 16th day of February, 2018 Dated this 16th day of February, 2018 21 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 22 23 24 25 26 27 28 10695-01-1967148 -3- ORDER 1 Based on the foregoing, IT IS SO ORDERED that the time to file the Pretrial Order be 2 3 extended for approximately 30 days or no later than March 19, 2018 4 5 6 7 21 February DATED this ___ day of ____________, 2018. UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 Submitted by: HOLLEY DRIGGS WALCH FINE WRAY PUZEY & THOMPSON 13 14 15 16 17 18 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. 19 20 21 22 23 24 25 26 27 28 10695-01-1967148 -4- 1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that on the 16th day of February, 2018, a true copy of the PROPOSED STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINE TO FILE PRETRIAL ORDER (ELEVENTH 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: (702) 385-5544 Emails: frank@nvfirm.com brian@nvfirm.com Attorneys for Defendant/Counterclaimant Samuel R. Bailey 14 15 16 17 /s/ S. Renee Hoban an employee of Holley Driggs Walch Fine Wray Puzey & Thompson 18 19 20 21 22 23 24 25 26 27 28 10695-01-1967148 -5-

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