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

Filing 69

ORDER Granting 68 Stipulation for Extension of Time (Second Request) to File Opposition to 47 MOTION for Summary Judgment. Response is due by 2/2/2017. Signed by Judge Richard F. Boulware, II on 1/31/2017. (Copies have been distributed pursuant to the NEF - AF)

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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,

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 AND SUPPLEMENT
(Second Request)
The Parties have stipulated to give Plaintiff a seven (7) 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) and Supplement (ECF NO. 65) in this matter. The reasons
supporting this stipulation are as follows: Plaintiffs counsel has been out been out of the office as

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he has been ill.
The Parties request a seven day extension of time, up to and including, February 2, 2017, for
Plaintiff to file its Opposition. The Defendant shall have fourteen (14) days after the Omnibus

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Opposition is filed to file a reply brief. This is the first extension of time requested by the Parties
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related to this Motion (ECF No. 47).

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IT IS STIPULATED AND AGREED by and between the parties that Plaintiff shall have up

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to and including February 2, 2017, to file its Opposition to Defendants’ Motion for Summary

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Judgment Regarding ERISA Preemption and Eligibility for Benefits (ECF No. 47) and Supplement

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

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(ECF NO. 65 ). The Defendant shall have fourteen (14) days after the Omnibus Opposition is filed

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to file a reply brief
Dated this 26th day of January, 2017.

Dated this 26th day of January, 2017.

/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
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.
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IT IS SO ORDERED:
____________________________________________
__________________________
UNITED STATES DISTRICT JUDGE
RICHARD F. BOULWARE,
UNITED STATES MAGISTRATE JUDGE II
United States District Judge
DATED this 31st day of January, 2017.

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