Kurt Ellis v. Evergreen Moneysource Mortgage Company

Filing 21

ORDER Granting 20 Stipulation to Continue Discovery Deadlines (Second Request). Discovery due by 7/10/2017. Motions due by 8/11/2017. Signed by Magistrate Judge Carl W. Hoffman on 4/28/17. (Copies have been distributed pursuant to the NEF - MR)

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Case 2:16-cv-01580-RFB-CWH Document 20 Filed 04/26/17 Page 1 of 4 1 2 3 4 Jeffrey S. Allison, Esq. (NV Bar #8949) HOUSER & ALLISON, APC 3900 Paradise Road, Suite 101 Las Vegas, Nevada 89169 Phone: (702) 410-7593 Fax: (702) 410-7594 jallison@houser-law.com mhutchings@houser-law.com 5 6 Attorneys for Defendant EVERGREEN MONEYSOURCE MORTGAGE COMPANY dba EVERGREEN HOME LOANS 7 IN THE UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 Case No.: 2:16-CV-01580-RFB-CWH KURT ELLIS, HON. RICHARD F. BOULWARE Plaintiff, 11 12 v. 13 EVERGREEN MONEY SOURCE MORTGAGE COMPANY dba EVERGREEN HOME LOANS, 14 STIPULATION TO CONTINUE DISCOVERY DEADLINES [Second Request] Defendants. 15 16 Pursuant to Local Rule 26-4 of the United States District Court for the District of Nevada, 17 Defendant Evergreen MoneySource Mortgage Company dba Evergreen Home Loans (“Defendant”), 18 and Plaintiff Kurt Ellis (“Plaintiff”), by and through their respective counsel, hereby submit this 19 stipulation to extend the remaining discovery deadline in this case. This is the second such request 20 made by the parties. 21 A. Statement Specifying Discovery Completed 22 Thus far, Plaintiff has served: 23 1. Initial disclosures 24 -1- Case 2:16-cv-01580-RFB-CWH Document 20 Filed 04/26/17 Page 2 of 4 1 2. Requests for admissions 2 3. Requests for production of documents 3 4. Interrogatories, and 4 5. Deposition notice (vacated subject to rescheduling pending entry of this order) 5 Thus far, Defendant has served: 6 1. Initial disclosures 7 2. Requests for admissions 8 3. Requests for production of documents, and 9 4. Interrogatories, and 10 5. Deposition notices (vacated subject to rescheduling pending entry of this order) 11 B. Specific Description of Discovery to Be Completed 12 1. Deposition of Defendant Evergreen 30(b)(6) witness 13 2. Deposition of Plaintiff Kurt Ellis 14 C. Reasons Why Discovery Has not Been Completed 15 The parties have been and continue to be in negotiations for potential settlement of this case. 16 In the interim and subject thereto, the parties have worked diligently to pursue and complete 17 discovery. Plaintiff currently has scheduled the deposition of Defendant for May 5, 2017 in Las 18 Vegas. The undersigned counsel for Defendant requested this stipulation from counsel for Plaintiff 19 advising that he cannot attend or meet the current deposition date of May 5, 2017 and discovery cut- 20 off date of May 9, 2017 for the following reasons: 21 22 • Defendant’s case file is in the process of being transitioned from the handling attorney in counsel’s Las Vegas office to the undersigned in counsel’s Irvine, California office; 23 24 -2- Case 2:16-cv-01580-RFB-CWH Document 20 Filed 04/26/17 Page 3 of 4 • 1 The undersigned is in need of additional time to review the case file upon receipt, confer 2 with Defendant and its witness located on the east coast, and pursue further settlement 3 efforts in lieu of further discovery and litigation; • 4 The undersigned presently has conflicts with the current deposition and discovery cut-off dates due to other case hearings and matters; 5 • 6 The undersigned presently has a medical condition making flight travel difficult for attendance at a deposition in Las Vegas on May 5, 2-17; and 7 • 8 Should the case not settle and once his medical condition is healed, the undersigned counsel for Defendant will need to reschedule the deposition of Plaintiff. 9 10 Based thereon, counsel for Plaintiff agreed and stipulates herein to the requested continuance of the 11 deposition and discovery deadline. 12 The last stipulated day to submit a request for an extension of the discovery deadline was 13 April 18, 2017. This stipulation and request for a discovery extension is not submitted before the 14 deadline which is not the fault of Plaintiff. It is a result of excusable neglect on behalf of Defendant 15 because despite working diligently in discovery and settlement negotiations to date, there has been a 16 sudden necessary change in attorneys for Defendant’s counsel after April 20, 2017 resulting in the 17 additional time needed for the above reasons in good faith. 18 D. Proposed Schedule for Completing Discovery 19 The parties request that the following deadlines be extended as follows: 20 1. Discovery Deadlines: The discovery deadline will be extended from May 9, 2017 to July 10, 2017. 21 2. Dispositive Motions: The deadline for filing dispositive motions shall be extended from 22 23 24 June 8, 2017 to August 11, 2017. /// -3- Case 2:16-cv-01580-RFB-CWH Document 20 Filed 04/26/17 Page 4 of 4 1 3. Extensions of Modifications of the Discovery Plan and Scheduling Order: Any 2 further stipulation or motion to modify or extend any of the above deadlines must be 3 made no later 21 days before the expiration of the individual deadlines. 4 5 6 IT IS SO STIPULATED. Dated this 26th day of April, 2017. Dated this 26th day of April, 2017. /s/ Jeffrey S. Allison HOUSER & ALLISON 3900 Paradise Rd., Suite 101 Las Vegas, Nevada 89169 Attorney for Defendant Evergreen MoneySource Mortgage Company dba Evergreen Home Loans /s/ David H. Krieger David H. Krieger, Esq. HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Las Vegas, NV 89130 Attorney for Plaintiff Kurt Ellis 7 8 9 10 11 ORDER 12 13 Based on the foregoing, IT IS HEREBY ORDERED that the parties' stipulation to extend 14 20 April 28, 2017 discovery deadline (Dkt. No. _____ ) is _______________________________. 15 Dated this ____ day of ___________________, 2017 16 17 18 ______________________________ U.S. Magistrate Judge 19 20 21 22 23 24 -4- Case 2:16-cv-01580-RFB-CWH Document 20-1 Filed 04/26/17 Page 1 of 1 1 PROOF OF SERVICE 2 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 9970 Research Drive, Irvine, CA 92618. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On April 26, 2017 I served the following document(s) described as follows: STIPULATION TO CONTINUE DISCOVERY DEADLINES [SECOND REQUEST] On the following interested parties in this action: David H. Krieger Haines & Krieger, LLC 8985 S. Eastern Avenue Suite 350 Henderson, NV 89123 (702) 880-5554 Fax: (702) 383-5518 Email: dkrieger@hainesandkrieger.com E-FILING—By causing the document to be electronically filed via the Court’s CM/ECF system, which effects electronic service on counsel who are registered with the CM/ECF system. I declare under penalty of perjury, under the laws of the United States that the foregoing is true and correct. Executed on April 26, 2017 at Irvine, California. 18 19 20 21 22 23 24 25 26 27 28 __________________________ Courtney Hershey

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