HSBC Bank USA, National Association v. Lee Family Properties, LLC, Series XVII et al

Filing 56

ORDER Granting 55 Second Joint Motion to Extend Time re Discovery. Discovery due by 7/14/2017. Motions due by 8/16/2017. No further extensions will be granted. Signed by Magistrate Judge Nancy J. Koppe on 5/25/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HSBC BANK USA, NATIONAL ASSOCIATION, )
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Plaintiff(s),
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vs.
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LEE FAMILY PROPERTIES, LLC,
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SERIES XVII, et al.,
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Defendant(s).
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Case No. 2:16-cv-00644-JCM-NJK
ORDER
(Docket No. 55)

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On May 19, 2017, Plaintiff and Defendants Lee Family Properties, LLC, Series XVII, and

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Copper Sands Homeowners Association, Inc. (“Copper Sands”) submitted a joint motion to extend

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discovery. Docket No. 53. On May 22, 2017, the Court denied that stipulation without prejudice,

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finding that the parties failed to make the required showing of diligence, excusable neglect, and good

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cause. Docket No. 54. Now pending before the Court is the parties’ second joint motion to extend

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discovery for sixty days. Docket No. 55.

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The parties effectively request a 90-day extension of the remaining discovery deadlines. See

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Docket No. 55 at 6-7; Docket No. 45 at 5-6. The parties submit that the bankruptcy stay as to

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Defendant Alessi & Koenig prevented Plaintiff from deposing Defendants Alessi & Koenig and

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Copper Sands within the timeframe set forth in the Court’s order at Docket No. 45. See Docket No.

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55 at 5. Additionally, the parties submit that they waited until approximately one month after both

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the close of discovery and the lifting of the bankruptcy stay to request an extension because of a

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pending motion to stay and subsequent efforts among the parties to stay this case after the Court

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denied that motion. See id. at 5-6.

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The Court once again finds that the parties have failed to make the required showing of

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diligence, excusable neglect, and good cause. Further, the parties appear to have informally stayed

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discovery pending the Court’s resolution of the parties’ various efforts to stay this case, without

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Court approval. See LCR 45-1 (“All stipulations . . . must be filed on the docket and will not be

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effective until approved by the court”) (emphasis supplied). Nonetheless, the Court will, as a one-

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time courtesy, grant the parties’ request to extend the remaining discovery deadlines.

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Accordingly, the Court hereby GRANTS the second joint motion to stay discovery for sixty
days, Docket No. 55, and SETS the discovery schedule as follows:

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Discovery cut-off: July 14, 2017

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Dispositive motions deadline: August 16, 2017

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NO FURTHER EXTENSIONS WILL BE GRANTED.

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IT IS SO ORDERED.

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DATED: May 25, 2017.

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NANCY J. KOPPE
United States Magistrate Judge

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