Clark et al v. Bank of America Corporation

Filing 94

VACATED per #111 Order. (ADR) ORDER Granting #93 Stipulation to Extend Time. Proposed Joint Pretrial Order due by 12/13/2019. Signed by Magistrate Judge Cam Ferenbach on 12/5/2019. (Copies have been distributed pursuant to the NEF - ADR)

1 MCGUIREWOODS LLP

Michael D. Mandel (admitted pro hac vice)

2 California Bar No. 216934

1800 Century Park East, 7th Floor

3 Los Angeles, CA 90067-1501

Telephone: [phone]

4 Facsimile: 310.315.8210
5

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

6 Sheri M. Thome

Nevada Bar No. 8657

7 Chad C. Butterfield

Nevada Bar No. 10532

8 300 South 4th Street, 11th Floor,

Las Vegas, NV 89101

9 Telephone: [phone]
10

Facsimile: 702.727.1401
Attorneys for Defendant

11 BANK OF AMERICA, N.A.
12 (Additional counsel appear on following page)
13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

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16

MAUREEN CLARK and SONYA

CASE NO. 2:16-cv-02228-GMN-VCF

behalf of all others similarly situated,

JOINT STIPULATION TO
CONTINUE DEADLINE TO FILE
PROPOSED PLAN

17 ALEXANDER, individually, and on
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Plaintiff,
vs.
BANK OF AMERICA N.A.

Complaint Filed: September 21, 2016

Defendant.

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JOINT STIPULATION TO CONTINUE DEADLINE TO FILE PROPOSED DISCOVERY PLAN AND
SCHEDULING ORDER

1 Don Springmeyer

Nevada Bar No. 1021

2 Bradley S. Schrager

Nevada Bar No 10217

3 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP

3556 E. Russell Road, Second Floor

4 Las Vegas, Nevada 89120

Telephone: [phone]

5 Facsimile: 702-341-5300

[e-mail]

6 [e-mail]

7 Kevin J. Stoops (admitted pro hac vice)

(Michigan SBN # P64371)

8 SOMMERS SCHWARTZ, P.C.

One Towne Square, 17th Floor

9 Southfield, Michigan 48076

Telephone: [phone]

10 Facsimile: 248.936.2143
11

[e-mail]
Jason T. Brown (admitted pro hac vice)

12 (New Jersey SBN# 035921996)

Nicholas Conlon (admitted pro hac vice)

13 (New Jersey SBN# 034052013)

BROWN, LLC

14 111 Town Square Place, Suite 400

Jersey City, NJ 07310

15 Telephone: [phone]

[e-mail]

16 [e-mail]
17 Attorneys for Plaintiffs MAUREEN CLARK and
18

SONYA ALEXANDER

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JOINT STIPULATION TO CONTINUE DEADLINE TO FILE PROPOSED DISCOVERY PLAN AND
SCHEDULING ORDER

RECITALS

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2

WHEREAS, on November 15, 2019, this Court issued an Order setting a

3 discovery hearing for this case for November 25, 2019 [Dkt. #88];
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WHEREAS, on November 19, 2019, Plaintiffs and Defendant (collectively,

6 the “Parties”) filed a joint motion to continue the discovery hearing originally set for
7 November 25, 2019 (“Joint Motion”) in light of the Parties’ upcoming mediation on
8 November 20, 2019 [Dtk. #89];
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WHEREAS, on November 20, 2019, this Court issued an order granting the

11 Parties Joint Motion dated November 19, 2019, vacating the discovery hearing
12 originally set for November 25, 2019, and requiring the Parties to submit a proposed
13 plan and scheduling order (“Proposed Plan”) on or before December 4, 2019 in the
14 event that this case did not settle at the mediation on November 20, 2019 [Dtk. #90];
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WHEREAS, on November 20, 2019, the Parties attended and participated in

17 the scheduled mediation, at the conclusion of which a mediator’s proposal was
18 made, which the Parties have until January 20, 2020, to accept or reject;
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WHEREAS, on Tuesday, November 26, 2019, shortly before the

21 Thanksgiving Holiday, Plaintiff’s Counsel provided Defendant’s Counsel with an
22 initial draft of the Proposed Plan;
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WHEREAS, on November 27, 2019, the Parties filed a joint report regarding

25 the status of the November 20, 2019 mediation, and stating that the Parties were
26 conferring regarding a draft of the Proposed Plan to be filed by December 4, 2019
27 [Dtk. #92];
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JOINT STIPULATION TO CONTINUE DEADLINE TO FILE PROPOSED DISCOVERY PLAN AND
SCHEDULING ORDER

1

WHEREAS, immediately after the Thanksgiving holiday weekend,

2 Defendant’s lead counsel became engaged in jury duty, which is expected to last for
3 at least another five-to-seven days, and, consequently, the Parties need additional
4 time to meet and confer to attempt to narrow or eliminate their areas of
5 disagreement about certain aspects of the Proposed Plan before finalizing and filing
6 it, which the Parties are confident will be accomplished by December 13, 2019;
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8

WHEREAS, in light of the pending mediator’s proposal and the contingent

9 possibility of settlement on or by January 20, 2020, the Scheduling Order to be
10 entered by the Court may become moot issue; and
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12

WHEREAS, in light of all of the foregoing, the Parties have conferred and

13 agree that good cause exists to continue the deadline for filing the Proposed Plan
14 from December 4, 2019 to December 13, 2019.
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JOINT STIPULATION TO CONTINUE DEADLINE TO FILE PROPOSED DISCOVERY PLAN AND
SCHEDULING ORDER

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STIPULATION

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by

3 and between the Parties, through their respective undersigned counsel, and for good
4 cause, that upon entry of an Order by the Court approving this Stipulation:
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(1)

The Parties’ deadline for filing a joint discovery plan and scheduling
order is continued from December 4, 2019 to December 13, 2019.

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(2)

By entering into this Stipulation, the Parties do not waive and expressly
reserve all claims, defenses and challenges in this.

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IT IS SO STIPULATED AND AGREED.

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14 DATED: December 4, 2019

MCGUIREWOODS LLP

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By:

/s/ Michael Mandel
Michael Mandel, Esq.

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Attorneys for Defendant
BANK OF AMERICA, N.A.

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DATED: December 4, 2019

WOLF, RIFKIN, SHAPIRO, SCHULMAN
& RABKIN, LLP

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By:

/s/ Don Springmeyer
Don Springmeyer, Esq.

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Attorneys for Plaintiffs
MAUREEN CLARK and SONYA
ALEXANDER

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5

JOINT STIPULATION TO CONTINUE DEADLINE TO FILE PROPOSED DISCOVERY PLAN AND
SCHEDULING ORDER

1 MCGUIREWOODS LLP

Michael D. Mandel (admitted pro hac vice)

2 California Bar No. 216934

1800 Century Park East, 7th Floor

3 Los Angeles, CA 90067-1501

Telephone: [phone]

4 Facsimile: 310.315.8210
5

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

6 Sheri M. Thome

Nevada Bar No. 8657

7 Chad C. Butterfield

Nevada Bar No. 10532

8 300 South 4th Street, 11th Floor,

Las Vegas, NV 89101

9 Telephone: [phone]
10

Facsimile: 702.727.1401
Attorneys for Defendant

11 BANK OF AMERICA, N.A.
12 (Additional counsel appear on following page)
13

UNITED STATES DISTRICT COURT

14

DISTRICT OF NEVADA

15
16

MAUREEN CLARK and SONYA

CASE NO. 2:16-cv-02228-GMN-VCF

behalf of all others similarly situated,

ORDER GRANTING JOINT
STIPULATION TO CONTINUE
DEADLINE TO FILE PROPOSED
DISCOVERY PLAN AND
SCHEDULING ORDER

17 ALEXANDER, individually, and on
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19
20
21
22

Plaintiff,
vs.
BANK OF AMERICA N.A.
Defendant.

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1
[PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE DEADLINE TO
FILE PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER

1 Don Springmeyer

Nevada Bar No. 1021

2 Bradley S. Schrager

Nevada Bar No 10217

3 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP

3556 E. Russell Road, Second Floor

4 Las Vegas, Nevada 89120

Telephone: [phone]

5 Facsimile: 702-341-5300

[e-mail]

6 [e-mail]

7 Kevin J. Stoops (admitted pro hac vice)

(Michigan SBN # P64371)

8 SOMMERS SCHWARTZ, P.C.

One Towne Square, 17th Floor

9 Southfield, Michigan 48076

Telephone: [phone]

10 Facsimile: 248.936.2143
11

[e-mail]
Jason T. Brown (admitted pro hac vice)

12 (New Jersey SBN# 035921996)

Nicholas Conlon (admitted pro hac vice)

13 (New Jersey SBN# 034052013)

BROWN, LLC

14 111 Town Square Place, Suite 400

Jersey City, NJ 07310

15 Telephone: [phone]

[e-mail]

16 [e-mail]
17 Attorneys for Plaintiffs MAUREEN CLARK and
18

SONYA ALEXANDER

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[PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE DEADLINE TO
FILE PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER

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ORDER

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This matter comes before the Court on the Joint Stipulation to Continue

4 Deadline to File Proposed Discovery Plan and Scheduling Order (the “Stipulation”),
5 entered into between Plaintiffs Maureen Clark and Sonya Alexander, on the one
6 hand, and Defendant Bank of America, N.A., on the other hand (collectively, the
7 “Parties”).

The Court, having reviewed the Stipulation, and finding good cause

8 appearing therefor, HEREBY GRANTS the Stipulation and ORDERS as follows:
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(1)

The Parties’ deadline for filing a joint discovery plan and scheduling
order is continued from December 4, 2019 to December 13, 2019.

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(2)

By entering into this Stipulation, the Parties do not waive and expressly
reserve all claims, defenses and challenges in this action.

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IT IS SO ORDERED.

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19 Dated: December 5, 2019
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______________________________
Cam Ferenbach
United States Magistrate Judge

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[PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE DEADLINE TO
FILE PROPOSED DISCOVERY PLAN AND SCHEDULING ORDER