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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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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-o0o-

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BANK OF AMERICA, N.A.

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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

vs.
SAMUEL R. BAILEY, an individual; PETE G.
AGUILAR, an individual; and DOES 1 through
10, inclusive,

(ELEVENTH REQUEST)

Defendants.
____________________________________________
SAMUEL R. BAILEY,

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Defendant/Counterclaimant,

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

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Counterdefendants.

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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

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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 November 20, 2017, as follows:

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Based on the following, the parties hereto respectfully request a 90-day extension to file
the Pretrial Order 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.

October 14, 2016 (ECF No. 68).

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6.

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

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Plaintiff/Counterdefendant BANA filed a Motion for Summary Judgment on

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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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8.

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

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9.

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

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10.

On August 2, 2017, Defendant/Counterclaimant Bailey filed a Response to

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Motion to Bifurcate Trial (ECF No. 80).

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10695-01-1967148

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Motion to Bifurcate Trial (ECF No. 84).

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12.

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On September 21, 2017, the Court denied the Motion to Bifurcate Trial (ECF No.
88).

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On August 18, 2017, the Court granted a Stipulation to Extend Time to Reply to
Motion to Bifurcate (ECF No. 86).

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On August 18, 2017, Plaintiff/Counterdefendant BANA filed a Reply to its

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On October 23, 2017, the Court granted a Stipulation and Order to Extend
Deadline to File Pretrial Order (9th Request) (ECF No. 90).

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15.

The Parties participated in a mediation which took place on January 10, 2018.

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The Parties continued after the January 10, 2018 mediation to discuss potential
settlement.

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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.

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IT IS SO STIPULATED.

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Dated this 16th day of February, 2018

Dated this 16th day of February, 2018

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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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10695-01-1967148

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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 for approximately 30 days or no later than March 19, 2018

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February
DATED this ___ day of ____________, 2018.
UNITED STATES MAGISTRATE JUDGE

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Submitted by:
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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10695-01-1967148

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CERTIFICATE OF SERVICE

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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: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Defendant/Counterclaimant
Samuel R. Bailey

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

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10695-01-1967148

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