Gurshin v. Bank of America, N.A.

Filing 90

ORDER Granting 88 Stipulation. Status conference reset for 7/26/2016 03:00 PM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 7/5/16. (Copies have been distributed pursuant to the NEF - ADR)

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KATHLEEN J. ENGLAND, NV Bar #206
ENGLAND LAW OFFICE
630 South Third Street
Las Vegas, Nevada 89101
Phone: [phone]
E-mail: [e-mail]
MARGARET A. MCLETCHIE, NV Bar #10931
ALINA M. SHELL, NV Bar #11711
MCLETCHIE SHELL LLC
701 East Bridger Ave., Ste. 520
Las Vegas, Nevada 89101
Phone: [phone]; Fax: [phone]
Email: [e-mail]; [e-mail]
Attorneys for Plaintiff, Alexis Gurshin

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ENGLAND LAW OFFICE

ATTORNEYS AT LAW
630 SOUTH THIRD STREET
LAS VEGAS, NEVADA89101
[phone]

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Plaintiff,
vs.

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ALEXIS GURSHIN,

BANK OF AMERICA, NATIONAL
ASSOCIATION; DOES 1-X, ROE
BUSINESS ENTITIES I- X, inclusive,
Defendants

Case No. 2:15-cv-00323-GMN-VCF
STIPULATION TO POSTPONE
JULY 5, 2016 FILING AND
JULY 7, 2016 STATUS HEARING
(First Request)

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At the May 18, 2016 Court hearing on various motions, the Court issued certain rulings,

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directed counsel for the respective parties to meet, attempt to work or at least narrow disputed

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discovery issues, and the to file concise statements of remaining issues by 12:00 p.m. on July

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5, 2016. The Court then set a status conference on July 7, 2016. (ECF No. 86, issued on May

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19, 2016.)

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Thereafter, and in the meantime, Defendant BANK OF AMERICA, N.A. (“BANA”),

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responded to then pending discovery requests by Plaintiff. On June 5, 2016, Plaintiff postponed

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the previously subpoenaed Rule 30(b)(6) deposition of BANA (regarding Subject No. 6). On

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June 6, 2016, BANA requested Plaintiff’s available dates to conduct the Rule 30(b)(6)
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deposition(s) of BANA (pursuant to the category and time limitations imposed by the Court in

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its May 18, 2016 ruling), but Plaintiff has not provided available dates since that time. . On

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June 22, 2016, BANA took the deposition of Plaintiff’s current employer, Geoffrey Baughman,

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also in accord with the Court’s rulings on May 18, 2016.

expected meet and confer and discovery dispute resolution activities during the month of June

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2016, due to a knee injury she sustained on June 3, 2016, and the subsequent medical treatment

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in the following week and which is continuing. Additionally, most of Plaintiff’s undersigned

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counsel’s available time in June was required to participate in the final discovery activities in

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Roberts v. Clark County School District, U.S. District Court Case No. 2:15-dv-00388, which

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ENGLAND LAW OFFICE

Plaintiff’s undersigned lead counsel was unable to actively participate in all of the other

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ATTORNEYS AT LAW
630 SOUTH THIRD STREET
LAS VEGAS, NEVADA89101
[phone]

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included moving and the taking of numerous depositions of CCSD school officials, which were

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postponed and moved due to Ms. England’s injury. Additionally, the Court set final

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supplemental briefing for the cross-motions for summary judgment, which itself was extended

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from June 30, 2016 to July 14, 2016 to accommodate Ms. England’s injury and unavailability,

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as she is lead counsel and was the attorney prepared to take these depositions, the last of which

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will take place on June 30, 2016. (See, Roberts v. CCSD, ECF. Nos.132, 133, 134 and 135.) In

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addition to medical appointments on July 5, 2016, due to the sale of her office building by the

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existing landlord, Ms. England is moving her office and physical location during the week of

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July 6-8, 2016.

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In light of these unexpected and unavoidable time constraints, undersigned Plaintiff’s

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counsel asked counsel for BANA to join her in this request to allow the parties additional time

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to meet and confer on numerous discovery matters, to request that the filing of the concise

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statement of remaining discovery issues be postponed to July 21, 2016 or later, and for the status

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conference to be continued as soon as practically possible thereafter (preferably July 25 or 26).

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For these and other good and just cause,

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff ALEXIS

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GURSHIN, through her attorney, Kathleen J. England of England Law Office, and Defendant

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BANK OF AMERICA, N.A., through its attorneys, Bethany A. Pelliconi and Lindsay L. Ryan
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of McGuireWoods LLP, to request that the filing of the concise statement of remaining

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discovery issues be postponed to July 21, 2016 or later, and for the status conference to be

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continued as soon as practically possible thereafter (preferably July 25 or 26) at the Court’s

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convenience.

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Respectfully submitted:

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ENGLAND LAW OFFICE

ATTORNEYS AT LAW
630 SOUTH THIRD STREET
LAS VEGAS, NEVADA89101
[phone]

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Dated: June 29, 2016

Dated: June 29, 2016

ENGLAND LAW OFFICE

MCGUIREWOODS LLP

By:

By:

/s/
Kathleen J. England
630 South Third Street
Las Vegas, NV 89101

Attorneys for Plaintiff,
ALEXIS GURSHIN

/s/
Bethany A. Pelliconi, Pro Hac Vice
Lindsay L. Ryan, Pro Hac Vice
1800 Century Park East, 8th Floor
Los Angeles, CA 90067-1501

Attorneys for Defendant,
BANK OF AMERICA, N.A.

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IT IS SO ORDERED.
July 5
DATED:

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, 2016.

CAM FERENBACH
United States Magistrate Judge
K:\Gurshin, Alexis\Pleadings, Federal\Stip to Postpone 07-07-16 Status Conference.docx

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IT IS HEREBY ORDERED that a status hearing is scheduled for 3:00 p.m., July 26, 2016, in
courtroom 3D.

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