Vanamann v Nationstar Mortgage, LLC

Filing 51

ORDER granting 50 Motion to Extend Deadline to File Pretrial Order. Signed by Magistrate Judge Nancy J. Koppe on 5/6/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:15-cv-00906-KJD-NJK Document 50 Filed 05/05/16 Page 1 of 3

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GARY E. SCHNITZER, ESQ.
Nevada Bar No. 395
KRAVITZ, SCHNITZER & JOHNSON, CHTD.
8985 S. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Tele: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant,
Nationstar Mortgage LLC

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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KIM VANAMANN, individually and on
behalf of others similarly situated,

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ, SCHNITZER & JOHNSON, CHTD.

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Plaintiff,

Case No. 2:15-cv-00906-KJD-NJK
JOINT MOTION TO CONTINUE
DEADLINE TO FILE PRETRIAL ORDER

v.
NATIONSTAR MORTGAGE LLC,
Defendant.

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Plaintiff, Kim Vanamann, by counsel, and Defendant Nationstar Mortgage, LLC, by

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counsel, pursuant to Fed. R. Civ. P. 6(b) and Local Rule 6-1, respectfully request that this Court
continue the deadline for the parties to file a joint Pretrial Order for the reasons set forth below.

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The current Stipulated Discovery Plan and Scheduling Order (“Scheduling Order”) (Dkt.

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No. 17) directs the parties to file a Pretrial Order by May 5, 2016. The Scheduling Order also

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sets forth the bifurcated discovery plan approved by the Court. (Id.) Phase I discovery was

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limited to the merits of the named Plaintiff’s individual claims under the Fair Credit Reporting

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Act and evidence necessary for the parties to litigate class certification. (Id. at p. 2.) Within
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fourteen (14) days of the Court’s rulings on the parties’ motions for summary judgment and
Plaintiff’s motion for class certification, the parties must file a proposed discovery plan regarding
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Case 2:15-cv-00906-KJD-NJK Document 50 Filed 05/05/16 Page 2 of 3

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Phase II of this action. In sum, the Scheduling Order bifurcated discovery because of the

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proposed class-nature of this action. Briefing on dispositive motions has not finished at this

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point, nor has a schedule for Phase II discovery been entered.

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The interests of both parties and judicial efficiency will be furthered by continuing the

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deadline to file a Pretrial Order until Phase II – including after the Court rules on Nationstar’s
Motion for Summary Judgment (Dkt. No. 41) and Plaintiff’s Motion to Certify Class (Dkt. No.
43). Critical factual and legal issues – including whether this case should proceed on a class

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basis – are the subject of the parties’ pending motions. Determination of a trial date, as well as

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proper stipulations, exhibits, and witnesses, cannot be accomplished without Phase II discovery

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and rulings on those motions. Moreover, depending on the outcome of Plaintiff’s Motion to

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Certify a Class, a notice period may be required and either party may pursue an appeal under
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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ, SCHNITZER & JOHNSON, CHTD.

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Fed. R. Civ. P. 23(f). These issues affect the timeline of the action and will be most efficiently

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addressed by the parties and the Court in the Phase II discovery plan contemplated in the

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Scheduling Order. Indeed, a number of the items included in the Pretrial Order may be mooted

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by the Court’s ruling on the pending motions.

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Accordingly, the parties request that the deadline to file a Pretrial Order be continued
until Phase II discovery, as necessary. The parties specifically request that they be permitted to

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propose a new deadline for filing a Pretrial Order as part of the Phase II discovery plan, which –
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per the Scheduling Order – they will file within fourteen (14) days after the Court rules on the

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parties’ pending motions.

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Case 2:15-cv-00906-KJD-NJK Document 50 Filed 05/05/16 Page 3 of 3

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WHEREFORE, Plaintiff Kim Vanamann and Defendant Nationstar Mortgage, LLC,

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respectfully request that this Court grant their Joint Motion to Continue Deadline to File Pretrial

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Order; permit the parties to propose a new deadline for a Pretrial Order in the proposed Phase II
discovery plan; and grant such other and further relief as the Court deems just and proper.

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Dated: May 5, 2016
Respectfully submitted,

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CHRISTOPHER P. BURKE, ESQ. AND ASSOCIATES

KRAVITZ, SCHNITZER & JOHNSON, CHTD.

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By: /s/Christopher Burke
CHRISTOPHER BURKE, ESQ.
218 S. Maryland Pkwy.
Las Vegas, NV 89101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff, Kim Vanamann

By: /s/Gary E. Schnitzer
GARY E. SCHNITZER, ESQ.
Nevada Bar No. 395
8985 S. Eastern Avenue, Suite 200
Las Vegas, Nevada 89123
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant,
Nationstar Mortgage LLC

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8985 S. Eastern Ave., Ste. 200
Las Vegas, Nevada 89123
[phone]

KRAVITZ, SCHNITZER & JOHNSON, CHTD.

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IT IS SO ORDERED:

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United States District Court Judge
United States Magistrate Judge

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Dated: May 6

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, 2016