Guild Mortgage Company v Prestwick Court Trust, et al
Filing
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ORDER Granting 69 Stipulation to Extend Dispositive Motions Deadline. (Motions due by 9/15/2017.) Signed by Magistrate Judge Cam Ferenbach on 8/1/17. (Copies have been distributed pursuant to the NEF - ADR)
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Edward D. Boyack, Esq.
Nevada Bar No. 5229
Christopher B. Anthony, Esq.
Nevada Bar No. 9748
BOYACK ORME & ANTHONY
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
ted@boyacklaw.com
canthony@boyacklaw.com
702.562.3415
702.562.3570 (fax)
Attorney for Defendant,
Canyon Crest Master Association
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GUILD MORTGAGE COMPANY, a foreign
corporation,
Plaintiff,
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STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTIONS
DEADLINE
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v.
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PRESTWICK COURT TRUST; CANYON
CREST MASTER ASSOCIATION, a not for
profit corporation
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(First Request)
Defendants.
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Case No. 2:15-cv-00258-JCM-VCF
PRESTWICK COURT TRUST,
Counter-Claimant,
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v.
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GUILD MORTGAGE COMPANY, a foreign
corporation,
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Counter-Defendant
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Defendant, Canyon Crest Master Association (“HOA”), Defendant, Prestwick Court
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Trust (“Prestwick”), and Plaintiff, Guild Mortgage Company (“GMC”) hereby stipulate to extend
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the dispositive motions deadline for sixty (60) days due to the substitution of HOA’s counsel on
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April 27, 2017.
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This is the parties’ first request to extend the dispositive motions deadline.
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Page 1 of 4
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I.
FACTUAL BACKGROUND
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On February 12, 2015, GMC filed its complaint against HOA and Prestwick for quiet title
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and declaratory relief. [ECF No. 1]. On April 27, 2017, the Court entered an order granting
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HOA’s Motion to Substitute Attorney, in which Christopher B. Anthony, Esq. of the law firm
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of Boyack, Orme & Anthony became HOA’s attorney of record.
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II.
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DIS COVERY COMPLETED TO DATE
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GMC, HOA, and Prestwick all produced their initial disclosures pursuant to
FRCP 26.
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2.
All parties have responded to written discovery.
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3.
FRCP 30(b)(6) Witness for Alessi & Koenig, LLC was deposed.
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4.
FRCP 30(b)(6) Witness for HOA was deposed.
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5.
FRCP 30(b)(6) Witness for Prestwick was deposed.
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6.
GMC disclosed its expert appraiser.
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7.
Prestwick disclosed its expert appraiser.
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III.
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DIS COVERY REMAINING TO BE COMPLETED
None.
IV.
REAS ONS AND GOOD CAUS E TO EXTEND DEADLINE
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To establish good cause, one must show the party cannot reasonably meet the deadlines
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despite the diligence of the party seeking the extension. See Coleman v. Quaker Oats Co., 232
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F.3d 1271, 1294-95 (9th Cir. 2000); Mendez v. Fiesta Del Norte Home Owners Ass'n, No. 2:15-
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cv-314-RCJ-NJK, 2016 WL 1643780, at *3 (D. Nev. Apr. 26, 2016).
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On April 27, 2017, the Court entered an order granting HOA’s Motion to Substitute
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Attorney, thereby appointing the law firm of Boyack Orme & Anthony as HOA’s counsel of
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record. The HOA was previously represented by Alessi & Koenig, LLC, which has thus far not
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complied with the HOA's request for discovery and other documents issued prior to new
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counsel's retention. Accordingly, the HOA requests additional time, such that it may obtain such
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prior discovery and submit motion practice supported by all applicable evidence. Therefore, good
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cause exists to extend the dispositive motion deadline, currently set on July 17, 2017, by sixty
Page 2 of 4
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(60) days to September 15, 2017.
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V.
PROPOS ED S CHEDULE FOR CONDUCTING REMAINING DIS COVERY
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a.
Initial expert disclosures:
NO EXTENSION REQUESTED
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b.
Rebuttal expert disclosures:
NO EXTENSION REQUESTED
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c.
Motions to amend pleadings/parties:
NO EXTENSION REQUESTED
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d.
Discovery cutoff:
NO EXTENSION REQUESTED
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e.
Deadline to file dispositive motions:
September 15, 2017
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VI.
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CURRENT TRIAL DATE
No trial date has been set.
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VII.
CONCLUS ION
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The parties believe good cause exists to extend the dispositive motion deadline.
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Dated this 14th day of July, 2017
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IT IS SO STIPULATED
BOYACK ORME & ANTHONY
MCCARTHY HOLTHUS LLP
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/s/ Christopher B. Anthony
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Christopher B. Anthony, Esq.
Nevada Bar No. 9748
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
Attorney for Defendant,
Canyon Crest Master Association
/s/ Thomas N. Beckom
Kristin A. Schuler-Hintz, Esq.
Nevada Bar No. 7171
Thomas N. Beckom, Esq.
Nevada Bar No. 12554
9510 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorney for Plaintiff,
Guild Mortgage Company
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LAW OFFICES OF MICHAEL F.
BOHN, ESQ., LTD.
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/s/ Michael F. Bohn
Michael F. Bohn, Esq.
Nevada Bar No. 1641
376 E. Warm Springs Rd., Suite 140
Las Vegas, NV 89119
Attorney for Defendant,
Prestwick Court Trust
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IT IS SO ORDERED
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August
1st
Dated this ______ day of _________________, 2017
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UNITED STATES MAGISTRATE JUDGE
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