Bank of America, N.A. v. Redrock Park Homeowner's Association, et al

Filing 47

ORDER Denying 46 Motion. The renewed motion to appear telephonically is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 8/16/16. (Copies have been distributed pursuant to the NEF - ADR)

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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(s),

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vs.

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REDROCK PARK HOMEOWNER’S
ASSOCIATION, et al.,

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Defendant(s).
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Case No. 2:16-cv-00659-JCM-NJK
ORDER
(Docket No. 46)

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The Court currently has scheduled for August 18, 2016, a hearing at which Edward Sun was

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ordered to appear to explain why he should not be sanctioned and to discuss his citizenship. See Docket

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Nos. 30, 34. That hearing date was set on July 21, 2016, based on the specific request of Mr. Sun and

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his counsel that the hearing proceed on August 18, 2016. See Docket No. 35 (Motion to continue

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hearing, representing that Mr. Wu was out of the country on the previously scheduled hearing date of

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August 2, 2016, and requesting the hearing be continued to August 15, 16, 17, 18, or 19, 2016).

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Roughly three weeks after that hearing date was reset at Mr. Sun’s request, he filed an emergency motion

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to appear telephonically. Docket No. 41. The Court found insufficient cause for that request, and denied

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it. Docket No. 45.

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Now pending before the Court is a renewed motion to appear telephonically, which indicates that

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Mr. Sun flew to China during the pendency of his previous motion to appear telephonically. See Docket

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No. 46; see also Docket No. 46-2 (airline ticket dated August 14, 2016). Mr. Sun represents that he is

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in China to act as a mediator. See Docket No. 46-2 at 1.1 Mr. Sun fails to explain why those mediation

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proceedings should take precedence over a show cause hearing in this case, and it appears plain that the

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hearing in this case was set first given that the date chosen was specifically requested by Mr. Sun. See,

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e.g., Docket No. 35 (motion requesting August 18, 2016, hearing date). The fact that Mr. Sun has now

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chosen to fly to China without first obtaining permission to excuse his personal appearance in this case

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does not establish good cause to allow him to appear telephonically.

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The renewed motion to appear telephonically is DENIED.

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IT IS SO ORDERED.

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DATED: August 16, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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These representations are submitted as a “statement,” rather than through competent evidentiary
form such as a declaration.
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