Guild Mortgage Company v Prestwick Court Trust, et al

Filing 71

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)

1
2
3
4
5
6
7

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
[e-mail]
[e-mail]
702.562.3415
702.562.3570 (fax)
Attorney for Defendant,
Canyon Crest Master Association

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

GUILD MORTGAGE COMPANY, a foreign
corporation,
Plaintiff,

12

STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTIONS
DEADLINE

13

v.

14

PRESTWICK COURT TRUST; CANYON
CREST MASTER ASSOCIATION, a not for
profit corporation

15

(First Request)

Defendants.

16
17

Case No. 2:15-cv-00258-JCM-VCF

PRESTWICK COURT TRUST,
Counter-Claimant,

18
19

v.

20

GUILD MORTGAGE COMPANY, a foreign
corporation,

21

Counter-Defendant

22
23

Defendant, Canyon Crest Master Association (“HOA”), Defendant, Prestwick Court

24

Trust (“Prestwick”), and Plaintiff, Guild Mortgage Company (“GMC”) hereby stipulate to extend

25

the dispositive motions deadline for sixty (60) days due to the substitution of HOA’s counsel on

26

April 27, 2017.

27
28

This is the parties’ first request to extend the dispositive motions deadline.
//
Page 1 of 4

1

I.

FACTUAL BACKGROUND

2

On February 12, 2015, GMC filed its complaint against HOA and Prestwick for quiet title

3

and declaratory relief. [ECF No. 1]. On April 27, 2017, the Court entered an order granting

4

HOA’s Motion to Substitute Attorney, in which Christopher B. Anthony, Esq. of the law firm

5

of Boyack, Orme & Anthony became HOA’s attorney of record.

6

II.

7

DIS COVERY COMPLETED TO DATE
1.

8

GMC, HOA, and Prestwick all produced their initial disclosures pursuant to
FRCP 26.

9

2.

All parties have responded to written discovery.

10

3.

FRCP 30(b)(6) Witness for Alessi & Koenig, LLC was deposed.

11

4.

FRCP 30(b)(6) Witness for HOA was deposed.

12

5.

FRCP 30(b)(6) Witness for Prestwick was deposed.

13

6.

GMC disclosed its expert appraiser.

14

7.

Prestwick disclosed its expert appraiser.

15

III.

16
17

DIS COVERY REMAINING TO BE COMPLETED
None.

IV.

REAS ONS AND GOOD CAUS E TO EXTEND DEADLINE

18

To establish good cause, one must show the party cannot reasonably meet the deadlines

19

despite the diligence of the party seeking the extension. See Coleman v. Quaker Oats Co., 232

20

F.3d 1271, 1294-95 (9th Cir. 2000); Mendez v. Fiesta Del Norte Home Owners Ass'n, No. 2:15-

21

cv-314-RCJ-NJK, 2016 WL 1643780, at *3 (D. Nev. Apr. 26, 2016).

22

On April 27, 2017, the Court entered an order granting HOA’s Motion to Substitute

23

Attorney, thereby appointing the law firm of Boyack Orme & Anthony as HOA’s counsel of

24

record. The HOA was previously represented by Alessi & Koenig, LLC, which has thus far not

25

complied with the HOA's request for discovery and other documents issued prior to new

26

counsel's retention. Accordingly, the HOA requests additional time, such that it may obtain such

27

prior discovery and submit motion practice supported by all applicable evidence. Therefore, good

28

cause exists to extend the dispositive motion deadline, currently set on July 17, 2017, by sixty
Page 2 of 4

1

(60) days to September 15, 2017.

2

V.

PROPOS ED S CHEDULE FOR CONDUCTING REMAINING DIS COVERY

3

a.

Initial expert disclosures:

NO EXTENSION REQUESTED

4

b.

Rebuttal expert disclosures:

NO EXTENSION REQUESTED

5

c.

Motions to amend pleadings/parties:

NO EXTENSION REQUESTED

6

d.

Discovery cutoff:

NO EXTENSION REQUESTED

7

e.

Deadline to file dispositive motions:

September 15, 2017

8

VI.

9
10

CURRENT TRIAL DATE
No trial date has been set.

//

11
12

//

13
14

//

15
16

//

17
18

//

19
20

//

21
22

//

23
24

//

25
26

//

27
28

//

Page 3 of 4

1

VII.

CONCLUS ION

2

The parties believe good cause exists to extend the dispositive motion deadline.

3

Dated this 14th day of July, 2017

4
5

IT IS SO STIPULATED
BOYACK ORME & ANTHONY

MCCARTHY HOLTHUS LLP

11

/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

12

LAW OFFICES OF MICHAEL F.
BOHN, ESQ., LTD.

6
7
8
9
10

13
14
15
16
17

/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

18
19

IT IS SO ORDERED

20

August
1st
Dated this ______ day of _________________, 2017

21
22
23
24
25

UNITED STATES MAGISTRATE JUDGE

26
27
28

Page 4 of 4