Sheld et al v. NCO Financial Systems, Inc. et al

Filing 34

ORDER. IT IS HEREBY ORDERED that 30 Plaintiffs' Motion to Substitute Wendy Sheld-Walker for Deceased Plaintiff Ellen Sheld Pursuant to FRCP 25(A)(1) is GRANTED. IT IS FURTHER ORDERED that 27 Plaintiffs' Motion to Extend Deadline for Filing Motion for Leave to Substitute the Personal Representative of the Deceased Plaintiff is DENIED as MOOT. Signed by Magistrate Judge Cam Ferenbach on 7/6/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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SUSAN SHELD, ELLEN SHELD,
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Plaintiffs,
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vs.
NCO FINANCIAL SYSTEMS, INC., et al.,

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2:15-cv-01140-JCM-VCF
ORDER

Defendants.

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Before the Court are Plaintiffs’ Motion to Extend Deadline for Filing Motion for Leave to

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Substitute the Personal Representative of the Deceased Plaintiff (ECF No. 27) and Motion to Substitute

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Wendy Sheld-Walker for Deceased Plaintiff Ellen Sheld Pursuant to FRCP 25(A)(1) (ECF No. 30).

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Defendants oppose Plaintiffs’ Motion to Extend Deadline for Filing Motion for Leave to Substitute the

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Personal Representative of the Deceased Plaintiff. (ECF Nos. 28 & 29). They argue that Plaintiffs lack

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excusable negligence in filing a timely motion within the 90 day deadline. Id. The last day to file the

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motion to substitute the personal representative of the deceased Plaintiff was June 14, 2017.

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On June 14, 2017, Plaintiffs timely filed their Motion to Substitute Wendy Sheld-Walker for

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Deceased Plaintiff Ellen Sheld Pursuant to FRCP 25(A)(1). (ECF No. 30). Defendants have not filed an

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opposition to Plaintiffs’ Motion to Substitute. Under LR 7-2(d), the failure of an opposing party to file

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points and authorities in response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for

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attorney’s fees, constitutes a consent to the granting of the motion. Here, the time to file an opposition

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has passed and it would seem that Defendants have consented to the granting of Plaintiffs’ Motion to

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Substitute.

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiffs’ Motion to Substitute Wendy Sheld-Walker for

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Deceased Plaintiff Ellen Sheld Pursuant to FRCP 25(A)(1) (ECF No. 30) is GRANTED.

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IT IS FURTHER ORDERED that Plaintiffs’ Motion to Extend Deadline for Filing Motion for

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Leave to Substitute the Personal Representative of the Deceased Plaintiff (ECF No. 27) is DENIED as

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MOOT.

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DATED this 6th day of July, 2017.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE