Cortes v. Mortgage Electronic Registration Systems, Inc. (MERS) et al

Filing 43

ORDER Denying 28 Motion for Summary Judgment. Signed by Judge Kent J. Dawson on 1/4/16. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GLADYS CORTES,
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Plaintiff,

Case No. 2:14-CV-01235-KJD-VCF

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v.

ORDER

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REPUBLIC MORTGAGE, LLC. dba
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liability company, et al.,
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Defendants.
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Presently before the Court is Defendants’ Motion for Summary Judgment (#28). Plaintiff
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filed an Opposition to Defendants’ Motion for Summary Judgment, or in the Alternative, Motion for
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Continuance to Complete Discovery (#31) to which Defendants replied (#34).
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Plaintiff’s opposition and motion to continue is predicated upon a Stipulation and Order to
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Extend Discovery Deadline (#27), signed by both parties and entered on July 7, 2015, wherein both
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parties agreed that “Neither party has or plans to file dispositive Motions.” Pursuant to the
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Stipulation, a Scheduling Order (#29) was entered by the Court that day, July 7, 2015. Defendants
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then filed a Motion for Summary Judgment (#28) on the same day, July 7, 2015. As a result, Plaintiff
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sought additional time to procure supplemental discovery responses from Defendants as well as an
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additional deposition of a person most knowledgable. Defendants argued that they did not agree to
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not file any dispositive motions, rather, they only agreed to extend discovery by ninety days.
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Although Defendants deny agreeing to not file dispositive motions, the Stipulation was signed by
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both parties.
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Subsequently, Plaintiff filed a Second Motion to Extend Time (#35) on October 2, 2015,
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regarding the Scheduling Order (#29). A hearing on the Motion was held on November 23, 2015
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before Magistrate Judge Cam Ferenbach, wherein Plaintiff was granted additional time to conduct

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discovery to take the deposition of the person most knowledgeable from Defendant Nationstar

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Mortgage on or before January 15, 2016. The Magistrate Judge limited the scope of the deposition to

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the acquisition of the loan at issue and the acquisition of the security at issue.

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Based on the Magistrate Judge’s order granting Plaintiff’s motion to extend discovery, the

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Court denies Defendants’ Motion for Summary Judgment (#28) without prejudice. Dispositive

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motions shall be filed no later than 30 days after the deposition of the person most knowledgeable or

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this order, whichever is later.

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Accordingly, IT IS SO ORDERED that Defendant’s Motion for Summary Judgment (#28) is

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denied without prejudice; IT IS FURTHER ORDERED that Parties must file any dispositive

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motions within thirty days after the close of discovery on January 15, 2016.

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DATED this 4th day of January 2016.

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_____________________________
Kent J. Dawson
United States District Judge

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