Bank of America, N.A. v. Log Cabin Ponderosa Homeowners Association et al

Filing 36

ORDER that 35 Emergency Motion for Relief is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 5/20/16. (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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BANK OF AMERICA, N.A.,
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Plaintiff,
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vs.
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LOG CABIN PONDEROSA HOMEOWNERS
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Defendants.

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Case No. 2:16-cv-00386-JCM-NJK
ORDER
(Docket No. 35)

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On May 19, 2016, Defendant Nevada Association Services, Inc. filed a stipulation to extend time

17 to respond to Plaintiff’s complaint. Docket No. 32. On the same day, the Court set a hearing on that
18 stipulation for May 23, 2016, and noted that the deadline at issue in the stipulation appears to have
19 already expired two months ago. Docket No. 33. On May 20, 2016, Defendant Log Cabin Ponderosa
20 Homeowners Association (“Defendant”) filed an emergency motion for relief from the Court’s order
21 setting the May 23, 2016, hearing. Docket No. 35.
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In its motion, Defendant submits that its counsel has a hearing in state court at 9:00 that may

23 cause her to be late to this Court’s hearing. Id. at 2. Nonetheless, Defendant submits that its counsel
24 e-signed the stipulated discovery plan at issue during the May 20 hearing on April 22, 2016, and urges
25 the Court to grant that stipulation. Id. at 2-3. Counsel clearly failed to read both the docket and the
26 Court’s order prior to filing the instant motion, or counsel would be aware that the Court issued the
27 scheduling order of which counsel speaks on April 25, 2016, and that the May 20 hearing relates to a
28 different stipulation altogether, to which Defendant is not a signatory. See Docket Nos. 24, 32, 33.

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Accordingly, Defendant’s emergency motion for relief, Docket No. 35, is DENIED. Counsel

2 is ORDERED to carefully read the docket and the Court’s orders prior to filing motions, and to comply
3 with all Federal Rules of Civil Procedure and Local Rules of this Court. Failure to do so in the future
4 may result in sanctions.
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IT IS SO ORDERED.

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DATED: May 20, 2016.

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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