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)

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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 ted@boyacklaw.com canthony@boyacklaw.com 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

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