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)

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: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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
[phone]
Fax: [phone]
Email: [e-mail]
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