Las Vegas Development Group, LLC v. Evergreen Moneysource Mortgage Company, et al

Filing 35

ORDER Granting 33 Motion to Extend Time to File Discovery Plan (First Request). Discovery Plan/Scheduling Order due by 4/4/2016. Signed by Magistrate Judge George Foley, Jr on 3/22/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:16-cv-00038-RFB-GWF Document 33 Filed 03/21/16 Page 1 of 6

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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Plaintiff
LAS VEGAS DEVELOPMENT GROUP, LLC

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LAS VEGAS DEVELOPMENT GROUP, LLC, )
a Nevada limited liability company,
)
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Plaintiff, )
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vs.
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STEVEN P. SCHNEIDER, an individual;
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NATIONSTAR MORTGAGE, LLC , a
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Delaware limited liability company; AZTEC
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FORECLOSURE CORPORATION, a
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California corporation; TRACY BURR, an
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individual; FEDERAL NATIONAL
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MORTGAGE ASSOCIATION, a federally
)
chartered corporation; EVERGREEN
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MONEYSOURCE MORTGAGE COMPANY, )
a Washington corporation; DOE individuals I )
through XX; and ROE CORPORATIONS I
)
through XX,
)
)
Defendants. )
______________________________________ )

Case No.

2:16-cv-00038-RFB-GWF

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MOTION TO EXTEND TIME TO FILE DISCOVERY PLAN
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(First Request)
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COMES NOW, Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, by and through
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its attorneys, ROGER P. CROTEAU & ASSOCIATES, LTD., and hereby presents its Motion to
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Extend Time to File Discovery Plan. This Motion is made and based upon the attached
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memorandum of points and authorities, all pleadings, papers and documents on file herein, and
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5125 Teal Petals

Case 2:16-cv-00038-RFB-GWF Document 33 Filed 03/21/16 Page 2 of 6

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any oral argument that the Court may entertain at the hearing of this matter.
DATED this

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21st

day of March, 2016.
ROGER P. CROTEAU & ASSOCIATES, LTD.

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/s/ Timothy E. Rhoda
ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
Attorney for Plaintiff
LAS VEGAS DEVELOPMENT GROUP, LLC

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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MEMORANDUM OF POINTS AND AUTHORITIES

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STATEMENT OF FACTS

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The instant action is primarily a quiet title and declaratory relief action related to real
property commonly known as 5125 Teal Petals Street, North Las Vegas, Nevada 89081, Assessor
Parcel No. 124-35-711-058 (the “Property”). The action was originally filed in the Eighth
Judicial District Court of Clark County on June 25, 2015, where it was pending for some time
and where substantial activity took place. In approximately December, 2015, Plaintiff was
advised that Evergreen Moneysource Mortgage Corporation (“Evergreen”) had been incorrectly
served with the Complaint. Specifically, counsel for Evergreen represented that the Complaint
had not been served upon Evergreen’s current registered agent but rather a past registered agent.
Upon again being served with the Complaint, Evergreen removed to this Court on January 8,
2016.
On March 9, 2015, this Court issued an Order directing the parties to file a stipulated
Discovery Plan and Scheduling Order no later than March 21, 2016.

Due to various

circumstances, including illness and other work obligations, including a Nevada Supreme Court
opening brief that was also due on March 21, 2016, Plaintiff’s counsel has not yet been able to
schedule and hold the 26(f) conference and prepare and file the Discovery Plan and Scheduling

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Order. As a result, because a number of parties are involved, Plaintiff respectfully requests an

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additional 2-week extension of time until April 4, 2016 in order to do so.
LEGAL ARGUMENT

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1.

GOOD CAUSE EXISTS FOR A BRIEF EXTENSION OF TIME
As the Court has noted, a Discovery Plan and Scheduling Order has not been filed herein

the Court. Specifically, the case was pending before the State Court for over 6 months before

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Telephone: [phone] • Facsimile [phone]

to date. This was primarily the result of the rather unusual manner in which the case came before

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ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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being removed.

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Since this Court issued its order dated March 9, 2016, Plaintiff’s counsel has been unable

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to schedule and hold the 26(f) conference and prepare and file the Discovery Plan and Scheduling

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Order due to circumstances that are largely beyond its control. This included an illness that kept

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counsel out of the office for several days, as well as other work obligations such as a Nevada

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Supreme Court opening brief which was also due on March 21, 2016. These factors, combined

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with the relatively large number of parties involved in the litigation, made it difficult to schedule

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the 26(f) conference by March 21, 2016.
CONCLUSION

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Based upon the foregoing, Plaintiff respectfully requests the Court grant an additional

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period of time until and including April 4, 2016, in which to file a stipulated Discovery Plan and

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Scheduling Order.

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DATED this

21st

day of March, 2016.
ROGER P. CROTEAU & ASSOCIATES, LTD.

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/s/ Timothy E. Rhoda
ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
Attorney for Plaintiff
LAS VEGAS DEVELOPMENT GROUP, LLC

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Motion to Extend Time to File Discovery Plan
Case No. 2:16-cv-00038-RFB-GWF

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IT IS SO ORDERED.
By:
United States Magistrate Judge

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Dated:

March 22, 2016

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this

21st

day of March, 2016, I served via the United

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States District Court CM/ECF electronic filing system, the foregoing MOTION TO EXTEND

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TIME TO FILE DISCOVERY PLAN (First Request) to the following parties:

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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Michael A. Arata
Springel & Fink
10655 Park Run Dr Ste 275
Las Vegas, NV 89144
702-804-0706
702-804-0798 (fax)
[e-mail]
Attorney for Defendant
Evergreen Moneysource Mortgage
Corporation

Dana Jonathon Nitz
Wright, Finlay & Zak, LLP
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
702-475-7964
702-946-1345 (fax)
[e-mail]
Attorney for Defendant
Aztec Foreclosure Corporation

Jessica E. Chong
Wright, Finlay & Zak
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
702-475-7964
702-946-1345 (fax)
[e-mail]
Attorney for Defendant
Aztec Foreclosure Corporation

Christine M. Parvan
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
702-634-5000
702-380-8572 (fax)
[e-mail]
Attorney for Defendants
Federal National Mortgage Association
and Nationstar Mortgage, LLC

Leonard T. Fink
Springel & Fink LLP
10655 Park Run Dr Ste 275
Las Vegas, NV 89144
702-804-0706
702-807-0798 (fax)
[e-mail]
Attorney for Defendants
Evergreen Moneysource Mortgage
Corporation and Steven P. Schneider

Ariel E. Stern
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
702-634-5000
702-380-8572 (fax)
[e-mail]
Attorney for Defendants
Federal National Mortgage Association
and Nationstar Mortgage, LLC

Melanie D Morgan
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
[phone]
[phone] (fax)
[e-mail]
Attorney for Defendants
Federal National Mortgage Association
and Nationstar Mortgage, LLC

David T. Gluth II
Gordon & Rees, LLP
3770 Howard Hughes Parkway, Suite 100
Las Vegas, NV 89169
[phone]
[phone] (fax)
[e-mail]
Attorney for Defendant
Hollow de Oro Homeowners Association

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Robert S. Larsen
Gordon & Rees, LLP
3770 Howard Hughes Parkway, Suite 100
Las Vegas, NV 89169
[phone]
[phone] (fax)
[e-mail]
Attorney for Defendant
Hollow de Oro Homeowners Association

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Telephone: [phone] • Facsimile [phone]

ROGER P. CROTEAU & ASSOCIATES, LTD.
• 9120 W. Post Road, Suite 100 • Las Vegas, Nevada 89148 •

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/s/ Timothy E. Rhoda
An employee of ROGER P. CROTEAU &
ASSOCIATES, LTD.

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