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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 12 13 14 HSBC BANK USA, NATIONAL ASSOCIATION, ) ) Plaintiff(s), ) ) vs. ) ) LEE FAMILY PROPERTIES, LLC, ) SERIES XVII, et al., ) ) Defendant(s). ) ) Case No. 2:16-cv-00644-JCM-NJK ORDER (Docket No. 55) 15 On May 19, 2017, Plaintiff and Defendants Lee Family Properties, LLC, Series XVII, and 16 Copper Sands Homeowners Association, Inc. (“Copper Sands”) submitted a joint motion to extend 17 discovery. Docket No. 53. On May 22, 2017, the Court denied that stipulation without prejudice, 18 finding that the parties failed to make the required showing of diligence, excusable neglect, and good 19 cause. Docket No. 54. Now pending before the Court is the parties’ second joint motion to extend 20 discovery for sixty days. Docket No. 55. 21 The parties effectively request a 90-day extension of the remaining discovery deadlines. See 22 Docket No. 55 at 6-7; Docket No. 45 at 5-6. The parties submit that the bankruptcy stay as to 23 Defendant Alessi & Koenig prevented Plaintiff from deposing Defendants Alessi & Koenig and 24 Copper Sands within the timeframe set forth in the Court’s order at Docket No. 45. See Docket No. 25 55 at 5. Additionally, the parties submit that they waited until approximately one month after both 26 the close of discovery and the lifting of the bankruptcy stay to request an extension because of a 27 pending motion to stay and subsequent efforts among the parties to stay this case after the Court 28 denied that motion. See id. at 5-6. 1 The Court once again finds that the parties have failed to make the required showing of 2 diligence, excusable neglect, and good cause. Further, the parties appear to have informally stayed 3 discovery pending the Court’s resolution of the parties’ various efforts to stay this case, without 4 Court approval. See LCR 45-1 (“All stipulations . . . must be filed on the docket and will not be 5 effective until approved by the court”) (emphasis supplied). Nonetheless, the Court will, as a one- 6 time courtesy, grant the parties’ request to extend the remaining discovery deadlines. 7 8 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: 9 • Discovery cut-off: July 14, 2017 10 • Dispositive motions deadline: August 16, 2017 11 NO FURTHER EXTENSIONS WILL BE GRANTED. 12 IT IS SO ORDERED. 13 DATED: May 25, 2017. 14 15 NANCY J. KOPPE United States Magistrate Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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