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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1 2 3 4 5 6 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 (702) 240-5191 š (702) 240-5797 facsimile twilcox@lvlawfirm.com ATTORNEYS FOR PLAINTIFFS 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 *** BOWEN LAW OFFICES Conquistador Plaza 9960 W. Cheyenne Ave, Suite 250 Las Vegas, Nevada 89129 702-240-5191 FAX: 702-240-5797 10 11 12 13 The Estate of MARILYN BURGARD, Deceased, by and through KEVIN HORAN its Special Administrator, CASE NO.: 2:15-cv-00833-RFD-GWF Plaintiff, vs. 14 15 16 17 18 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. 19 20 21 22 23 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 24 Opposition to Defendants’ Motion for Summary Judgment Regarding ERISA Preemption and 25 26 27 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 1 2 3 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 4 Opposition is filed to file a reply brief. This is the first extension of time requested by the Parties 5 6 related to this Motion (ECF No. 47). 7 IT IS STIPULATED AND AGREED by and between the parties that Plaintiff shall have up 8 to and including February 2, 2017, to file its Opposition to Defendants’ Motion for Summary 9 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: 702-240-5797 10 (ECF NO. 65 ). The Defendant shall have fourteen (14) days after the Omnibus Opposition is filed 11 12 13 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 14 15 16 17 18 19 20 IT IS SO ORDERED. 21 22 23 24 25 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. 26 27 Page 2 of 2

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