CitiMortgage, Inc. v. Tierra De Las Palmas Owners Asscoiation et al

Filing 61

ORDER Granting 60 Motion to Continue Hearing re 57 Order Regarding Trial (Second Request). Calendar Call reset for 9/19/2018 at 01:30 PM in LV Courtroom 6A. Bench Trial reset for 9/24/2018 at 09:00 AM in LV Courtroom 6A. Signed by Judge James C. Mahan on 7/9/2018. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6
7
8

ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
REBEKKAH BODOFF, ESQ.
Nevada Bar No. 12703
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for CitiMortgage, Inc.

9
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
11

CITIMORTGAGE, INC.,

Case No.: 2:16-cv-00610-JCM-CWH

12
Plaintiff,
13
14
15

v.

SECOND AGREED MOTION TO
CONTINUE TRIAL

TIERRA DE LAS PALMAS OWNERS
ASSOCIATION; RICARDO FOJAS; and
ABSOLUTE COLLECTION SERVICES, LLC;

16
Defendants.

17
18
19

This court continued calendar call to July 11, 2018 and trial to July 16, 2018 after the parties

20

requested a 60-day continuance to allow time to finalize their settlement. (See Order, ECF No. 56, at

21

1-3.) The parties have made progress towards completing the settlement over the past 60 days, but

22

they still have outstanding obligations under the agreement before they can file a stipulation and

23

proposed final judgment. CitiMortgage, Inc., Tierra de las Palmas Owners Association, Absolute

24

Collection Services, LLC, and Ricardo Fojas move the court to vacate the July 11, 2018 calendar

25

call and July 16, 2018 trial setting and continue them for another 60 days to allow them time to

26

complete the settlement and file the stipulation of dismissal.

27

///

28

///

1

ARGUMENTS AND AUTHORITIES

2

There is good cause to continue the July 16, 2018 trial. The parties reached a settlement and

3

have made a good faith effort to finalize the settlement's terms and complete their obligations under

4

it. (See ECF No. 52.) Since the last continuance, the parties finalized the terms of the long-form

5

agreement, and each party has executed it. Settlement payments must be exchanged by July 30, and

6

the parties must file their stipulation and proposed final judgment within 10 business days of

7

delivering the settlement payment. The parties thus anticipate filing the proposed final judgment by

8

mid-August.

AKERMAN LLP

As reflected by the below signatures of their respective attorneys, CitiMortgage, Tierra de las

10
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

9

Palmas Owners Association, and Absolute Collection Services, LLC along with Ricardo Fojas

11

consent to the requested continuance. Good cause exists to continue trial as the parties are in the

12

process of finalizing their obligations under the settlement they reached. A continuance will allow

13

the parties to realize their settlement and ensure an efficient use of their and the court's resources.

14

///

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28
2

1

CONCLUSION

2

CitiMortgage, Inc., Tierra de las Palmas Owners Association, Absolute Collection Services,

3

LLC, and Ricardo Fojas respectfully request the court vacate the July 11, 2018 calendar call and the

4

July 16, 2018 trial setting and reset the calendar call and trial for at least 60 days.

5

Dated: July 6, 2018

6

AKERMAN LLP

PENGILLY LAW FIRM

7

/s/ Rebekkah Bodoff
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
REBEKKAH BODOFF, ESQ.
Nevada Bar No. 12703
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for CitiMortgage, Inc.

/s/ Elizabeth B. Lowell
JAMES W. PENGILLY, ESQ.
Nevada Bar No. 8551
ELIZABETH B. LOWELL, ESQ.
Nevada Bar No. 8551
1995 Village Center Cir., Suite 190
Las Vegas, Nevada 89134
Attorney for Tierra de las Palmas Owners
Association

ABSOLUTE COLLECTION SERVICES, LLC

RICARDO FOJAS

/s/ Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd., Ste. 210
Las Vegas, Nevada 89128
Attorney for Absolute Collection Services, LLC

/s/ Ricardo Fojas
RICARDO FOJAS
P.O. BOX 400683
Las Vegas, Nevada 89140
Pro se

8
9

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

ORDER
IT IS SO ORDERED:
Good cause appearing, it is ordered the July 11, 2018 calendar call and the July 16, 2018 trial
setting are hereby vacated. It is further ordered trial is continued to September 24, 2018 at 9:00 a.m.,
in courtroom 6A, and that calendar call is hereby continued to September 19, 2018 at 1:30 p.m., in
courtroom 6A.
July 9, 2018
Dated _____________________.

26

______________________________________
UNITED STATES DISTRICT JUDGE

27
28
3

1
CERTIFICATE OF SERVICE

2
3

I HEREBY CERTIFY on July 6, 2018 and pursuant to FRCP 5(b)(2)(E), I caused service via

4

U.S. District Court's Case Management/Electronic Case Files (CM/ECF) system and/or first class mail a

5

true and correct copy of the foregoing SECOND JOINT MOTION TO CONTINUE TRIAL

6
7
8
9

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

10
11
12
13

addressed to:
James W. Pengilly, Esq.
Elizabeth B. Lowell, Esq.
Pengilly Law Firm
1995 Village Center Cir., Ste. 190
Las Vegas, Nevada 89134
Attorneys for Tierra de las Palmas Owners
Association

Shane D. Cox, Esq.
Absolute Collection Services, LLC
8440 W. Lake Mead Blvd., Ste. 210
Las Vegas, Nevada 89128
Attorney for Absolute Collection Services, LLC

RICARDO FOJAS
P.O. BOX 400683
Las Vegas, Nevada 89140
Pro se

14

/s/ Rachel Myrick
An employee of AKERMAN LLP

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4