Krogstad v. Nationwide Biweekly Administration, Inc. et al

Filing 64

ORDER Granting 53 Stipulation Extending Deadline for Amendment of the Pleadings and Adding Parties. See Order for deadlines. Signed by Magistrate Judge Carl W. Hoffman on 2/6/17. (Copies have been distributed pursuant to the NEF - ADR)

J. RANDALL JONES, ESQ.
Nevada Bar No. 1927
KEMP JONES & COULTHARD, LLP
Wells Fargo Tower, 17th Floor
3800 Howard Hughes Parkway
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Nationwide Biweekly Administration, Inc.,
and Loan Payment Administration, LLC
[additional counsel on signature page]
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

DEAN KROGSTAD, on behalf of himself
and all others similarly situated,
Plaintiff,
vs.
LOAN PAYMENT ADMINISTRATION,
LLC. and NATIONWIDE BIWEEKLY
ADMINISTRATION, INC.
Defendants,
NATIONWIDE BIWEEKLY
ADMINISTRATION, INC.
Third-Party Plaintiff,
vs.
BMO HARRIS BANK, N.A.
Third-Party Defendant.

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CASE NO: 2:16-cv-00465–APG-CWH

STIPULATION AND ORDER
EXTENDING DEADLINE FOR
AMENDMENT OF THE PLEADINGS
AND ADDING PARTIES
(FIRST REQUEST)

STIPULATION AND ORDER EXTENDING DEADLINE
FOR AMENDMENT OF THE PLEADINGS AND ADDING PARTIES
(FIRST REQUEST)
Pursuant to LR IA 6-1, 6-2, and LR 7-1, Defendants Loan Payment Administration, LLC.
and Nationwide Biweekly Administration, Inc. (“Defendants”) and Plaintiff Dean Krogstad, on
behalf of himself and all others similarly situated (“Plaintiff”), by and through their respective
counsel of record, hereby stipulate and agree as follows:
1.

On June 13, 2016, Defendants served a third-party subpoena request on BMO

Harris Bank, N.A. (“BMO”) for the production of documents.
2.

On June 16, 2016, Defendants served a third-party subpoena request on U.S.

Bank, N.A. (“US Bank”) for the production of documents.
3.

In October 2016, BMO produced to Defendants two sets of documents pursuant

to Defendants’ subpoena request.
4.

On November 22, 2016, Defendants commenced an action against BMO by filing

a third-party complaint.
5.

On December 21, 2016, this Court granted Defendants’ Motion to Compel US

Bank to produce documents pursuant to Defendants’ subpoena request.
6.

US Bank has not yet produced any documents to Defendants.

7.

Pursuant to the Discovery Plan and Scheduling Order, the deadline for

Amendment of the Pleadings and Adding Parties is January 18, 2017. See ECF. 19, at ¶ 4.
8.

The parties have agreed that (i) the deadline for Amendment of the Pleadings and

Adding Parties is extended until thirty (30) calendar days after US Bank produces documents to
Defendants, (ii) a new Discovery Plan and Scheduling Order will be created after US Bank

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produces documents to Defendants, and (iii) all deadlines after January 18, 2017 on the current
Discovery Plan and Scheduling Order (ECF. 19) are stayed until a new Discovery Plan and
Scheduling Order is created.
9.

The parties have agreed that Defendants will notify the Court once US Bank

produces documents to Defendants.
10.

Based on the foregoing, the parties have agreed that an extension is appropriate

and respectfully request the Court’s approval.
THEREFORE, Defendants Loan Payment Administration, LLC. and Nationwide
Biweekly Administration, Inc., and Plaintiff Dean Krogstad, on behalf of himself and all others
similarly situated, hereby stipulate and agree that (i) the deadline for Amendment of the
Pleadings and Adding Parties is extended until thirty (30) calendar days after US Bank produces
documents to Defendants, (ii) a new Discovery Plan and Scheduling Order will be created after
US Bank produces documents to Defendants, and (iii) all deadlines after January 18, 2017 on the
current Discovery Plan and Scheduling Order (ECF. 19) are stayed until a new Discovery Plan
and Scheduling Order is created.
DATED this 17th day of January 2017.
KEMP JONES & COULTHARD, LLP

MUEHLBAUER LAW OFFICE, LTD.

/s/ J. Randall Jones
J. Randall Jones, Esq. (#1927)
Madison P. Zornes-Vela (#13626)
Wells Fargo Tower, 17th Floor
3800 Howard Hughes Parkway
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

/s/ Andrew R. Muehlbauer
Andrew R. Muehlbauer (#10161)
7915 West Sahara Ave., Suite 104
Las Vegas, Nevada 78117
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Dean Krogstad, on behalf of
himself and all others similarly situated

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MARKOVITS, STOCK & DEMARCO, LLC
/s/ W.B. Markovits
W.B. Markovits
Ohio Bar No.: 0018514
Christopher D. Stock
Ohio Bar No.: 0075443
119 East Court Street, Suite 530
Cincinnati, OH 45202
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Nationwide Biweekly
Administration, Inc., and Loan Payment
Administration, LLC.

IT IS ORDERED:

___________________________________
UNITED STATES MAGISTRATE JUDGE
2/6/17
DATED: ___________________________

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