JPMorgan Chase Bank, N.A. v. SBW Investment LLC,et al.,

Filing 66

ORDER Denying 61 Stipulation to Stay and Denying 62 Stipulation to Extend Time. The parties shall have a final 90-day extension of time or until 11/20/2018 to either file a stipulation to dismiss with prejudice or the joint pretrial order. No further extensions will be allowed. Signed by Magistrate Judge Peggy A. Leen on 8/23/2018. (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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***

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JPMORGAN CHASE BANK, N.A.,

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v.

Case No. 2:16-cv-01839-GMN-PAL
Plaintiff,

ORDER
(Stip to Stay – ECF No. 61)
(Stip to Amend – ECF No. 62)

SBW INVESTMENT LLC, et al.,
Defendants.

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Before the court is the parties’ Stipulation and Order to Stay Entire Case Pending

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Settlement (ECF No. 61), Stipulated Motion to Amend Scheduling Order (ECF No. 62), and the

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parties’ Joint Status Report Regarding Notice of Settlement (ECF No. 64) (ECF No. 65).

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On March 8, 2018, the parties requested a stay because they had “come to an agreement

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and were in the process of finalizing their settlement.” See Stipulation to Stay (ECF No. 61). On

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June 6, 2018, the parties submitted the third request to amend the scheduling order and extend the

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dispositive motion and joint pretrial order deadlines by 90 days because they had reached a

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settlement and agreed to resolve the matter. See Stipulation to Amend (ECF No. 62). That same

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day, defendant Timber Creek Homeowners Association (“Timber Creek”) filed a Notice of

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Settlement (ECF No. 63) indicating that a settlement had been reached with plaintiff, and

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requesting 60 days to finalize documents. The court entered an Order (ECF No. 63) giving plaintiff

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and defendant Timber Creek until August 6, 2018, to either file a stipulation to dismiss with

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prejudice, or a joint status report advising when the stipulation would be filed. Plaintiff and

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defendant Timber Creek filed a Joint Status Report (ECF No. 65) asking for an additional 90 days

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to “address issues that have recently arisen related to Timber Creek’s position.” The parties do

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not indicate that they have executed a settlement agreement or inform the court of any issues

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preventing final resolution of this case.
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This case has been pending since August 3, 2016. Discovery closed May 7, 2018. The

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deadline for filing dispositive motions expired before the parties filed their stipulation to stay the

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case on March 8, 2018 to finalize their settlement. The parties have now had more than 5 months

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to finalize their settlement, if indeed one has been reached. The court will not give the parties and

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indefinite while they attempt to resolve unidentified issues. The court will give the parties a final

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90-day extension to file a stipulation to dismiss with prejudice or their joint pretrial order. Once

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the pretrial order is filed a trial date will be set, and the case will either be tried or settled by the

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trial date set by the district judge. No further extensions will be allowed. Any request for relief

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from this order must be directed to the district judge.

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Accordingly,

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IT IS ORDERED that:

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1. The Stipulation to Stay (ECF No. 61) is DENIED;

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2. The Stipulation to Extend Time (ECF No. 62) is DENIED.

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3. The parties shall have a final 90-day extension of time, or until November 20, 2018,

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to either file a stipulation to dismiss with prejudice, or the joint pretrial order.

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4. No further extensions will be allowed.

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5. Any request for relief from this order must be directed to the district judge.

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DATED this 22nd day of August, 2018.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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