The Estate of Marilyn Burgard et al v. Bank of America, N.A. et al

Filing 61

ORDER Granting 59 Stipulation Extending Time re 47 MOTION for Summary Judgment.( Responses due by 12/14/2016., Replies due by 1/15/2017.) Signed by Judge Richard F. Boulware, II on 11/7/16. (Copies have been distributed pursuant to the NEF - ADR)

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JEROME R. BOWEN, ESQ.
Nevada Bar No. 4540
SARAH M. BANDA, ESQ.
Nevada Bar No. 11909
BOWEN LAW OFFICES
9960 W. Cheyenne Ave., Suite 250
Las Vegas, Nevada 89129
[phone] š [phone] facsimile
[e-mail]
ATTORNEYS FOR PLAINTIFFS

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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***

BOWEN LAW OFFICES
Conquistador Plaza
9960 W. Cheyenne Ave, Suite 250
Las Vegas, Nevada 89129
702-240-5191 FAX: [phone]

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The Estate of MARILYN BURGARD,
Deceased, by and through KEVIN HORAN
its Special Administrator,

RFB
CASE NO.: 2:15-cv-00833-RFD-GWF

Plaintiff,
vs.

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BANK OF AMERICA, N.A., a foreign
Corporation; AETNA LIFE INSURANCE
COMPANY, a foreign Corporation; DOES I
through X; and ROE CORPORATIONS I
through X.
Defendants.

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STIPULATION AND ORDER EXTENDING THE TIME TO FILE OPPOSITION TO
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT REGARDING ERISA
PREEMPTION AND ELIGIBILITY FOR BENEFITS
(Second Request)
The Parties have stipulated to give Plaintiff a forty one (41) day extension of time to file the

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Opposition to Defendants’ Motion for Summary Judgment Regarding ERISA Preemption and
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Eligibility for Benefits (ECF No. 47) in this matter. The reasons supporting this stipulation are as
follows: The Honorable Magistrate George Foley, Jr. issued a September 9, 2016 Order, granting

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in part and denying in part Defendants’ Motion for Protective Order (ECF Nos. 39 and 50). The

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Honorable Magistrate Foley is permitting Plaintiff to take the deposition of one Rule 30(b)(6)

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representative and the parties have agreed that it would be most efficient for said deposition to be

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completed before Plaintiff opposes the Motion for Summary Judgment. Given the calendars of both
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parties we have a tentative date of November 16, 2016 for the deposition(s) to take place.

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The Parties request a forty-one day extension of time, up to and including, December 14,

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2016, for Plaintiff to file its Opposition. This is the second extension of time requested by the Parties

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related to this Motion (ECF No. 47).

BOWEN LAW OFFICES
Conquistador Plaza
9960 W. Cheyenne Ave, Suite 250
Las Vegas, Nevada 89129
702-240-5191 FAX: [phone]

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The Parties also request that Defendant have up to and including, January 15, 2017 for
2016

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Defendants’ to file their Reply to Plaintiff’s Opposition to Defendants’ Motion for Summary

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Judgment Regarding ERISA Preemption and Eligibility for Benefits, due to the holiday schedule that

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will take place during the reply briefing time line.

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IT IS STIPULATED AND AGREED by and between the parties that Plaintiff shall have up
to and including Defendant 14, 2016, to file its Opposition to Defendants’ Motion for Summary

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Judgment Regarding ERISA Preemption and Eligibility for Benefits (ECF No. 47).
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Page 2 of 3

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IT IS STIPULATED AND AGREED by and between the parties that Defendant have up to

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2017
and including, January 15, 2016 for Defendants’ to file their Reply to Plaintiff’s Opposition to

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Defendants’ Motion for Summary Judgment Regarding ERISA Preemption and Eligibility for

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Benefits.
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BOWEN LAW OFFICES
Conquistador Plaza
9960 W. Cheyenne Ave, Suite 250
Las Vegas, Nevada 89129
702-240-5191 FAX: [phone]

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Dated this 31st day of October, 2016.

Dated this 31st day of October, 2016.

/s/ Jerome R. Bowen, Esq.
JEROME R. BOWEN, ESQ.
Nevada Bar No. 4540
SARAH M. BANDA, ESQ.
Nevada bar No. 11909
BOWEN LAW OFFICES
9960 W. Cheyenne Avenue, Suite 250
Las Vegas, Nevada 89129
Attorneys for Plaintiffs

/s/ Robert S. Larsen, Esq.
ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
DAVID GLUTH, ESQ.
Nevada Bar No. 10596
SARAH TURNER, ESQ. (pro hac vice)
GORDON & REES LLP
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101
Attorneys for Defendants Aetna Life Insurance
Company and Bank of America

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IT IS SO ORDERED.

IT IS SO ORDERED:

__________________________
____________________________________________
UNITED STATES DISTRICT JUDGE
RICHARD F. BOULWARE, II
UNITED STATES MAGISTRATE JUDGE Judge
United States District
DATED this 7th day of November, 2016.

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