United States v. Waller et al

Filing 31

ORDER denying 25 Motion to Stay. Discovery Plan/Scheduling Order due by 8/31/2017. Signed by Magistrate Judge George Foley, Jr on 7/13/2017. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

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Plaintiff,
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vs.
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WILLIAM WALLER, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00352-JCM-GWF
ORDER

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This matter is before the Court on Defendant William Waller’s Motion for Extension of Stay

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(ECF No. 25), filed on June 15, 2017. The Government filed its Response (ECF No. 27) on June 27,

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2017. Defendant Wells Fargo Bank, N.A filed its Opposition (ECF No. 28) on June 28, 2017. The

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Court conducted a hearing in this matter on July 13, 2017.

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On December 6, 2016, the Court granted a 6 month stay or until criminal charges were

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brought against Defendant Waller, whichever occurred first, with the stay to automatically dissolve

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unless one or all of the parties brought a motion or stipulation to further stay the proceedings. ECF

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No. 24. Defendant Waller requests an additional 6 month stay of the litigation pending the outcome

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of a criminal investigation. Although the Government did not oppose an additional stay, Defendant

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Wells Fargo opposed Defendant Waller’s request on the basis that it will be unduly prejudiced by a

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stay. ECF Nos. 27, 28. The stay in this matter expired on June 6, 2017 and the Court does not find

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that an additional stay is warranted. The parties shall file a discovery plan and scheduling order no

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later than August 31, 2017. Accordingly,

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IT IS HEREBY ORDERED that Defendant William Waller’s Motion for Extension of Stay
(ECF No. 25) is denied.

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IT IS FURTHER ORDERED that the parties shall file a discovery plan and scheduling
order no later than August 31, 2017.
DATED this 13th day of July, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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