Calkins v. Portfolio Recovery Associates, LLC et al

Filing 42

ORDER Granting 41 Stipulation to Continue Dispositive Motion Deadline. Motions due by 12/18/2017. Signed by Magistrate Judge Cam Ferenbach on 12/4/2017. (Copies have been distributed pursuant to the NEF - ADR)

1
2
3
4
5
6

Jennifer L. Braster
Nevada Bar No. 9982
NAYLOR & BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(T) [phone]
(F) [phone]
[e-mail]
Attorneys for Defendant
Experian Information Solutions, Inc.

7
UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10
11

MICHAEL CALKINS,
Plaintiff,

12
v.

13
14
15

PORTFOLIO RECOVERY ASSOCIATES,
LLC, a foreign limited liability company; and
EXPERIAN INFORMATION SERVICES,
INC.

16
17
18
19
20
21
22
23
24
25
26
27
28
NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

Case No. 2:16-cv-02628-RFB-VCF

Defendants.

STIPULATION TO CONTINUE
DISPOSITIVE MOTION DEADLINE AS
TO EXPERIAN INFORMATION
SOLUTIONS, INC.
[FIFTH REQUEST]
Complaint filed: November 15, 2016

Plaintiff Michael Calkins (“Plaintiff”) and Defendants Experian Information Solutions,
Inc. (“Experian”) and Portfolio Recovery Associates, LLC (“Portfolio”) by and through their
respective counsel, hereby move the Court to request a 14-day extension of the dispositive motion
deadline currently set for December 4, 2017 as to Experian.1
Good cause exists to grant this extension as Defendant Experian is currently engaged in
settlement discussions with Plaintiff which are aimed at resolving this case as to Experian in full.
However, Plaintiff and Experian have been unable to engage in settlement discussions due to
1

The parties previously entered into two stipulations to extend discovery and dispositive
motion deadlines. (ECF Nos. 21 and 23). Thereafter, at the hearing on Portfolio’s motion for
protective order held on October 5, 2017, the Court ordered the dispositive motion deadline be
extended to November 20, 2017. On November 15, 2017, the Parties filed a Stipulation to Extend
to the Dispositive Motion deadline as to Experian until December 4, 2017. Thus, the parties are
treating this as the Fifth Request to extend the dispositive motion deadline.

1

unforeseen circumstances with Plaintiff’s counsel.2 An extension of the dispositive motion

2

deadline will give the parties additional time to pursue all settlement possibilities before incurring

3

the costs associated with preparing dispositive motions.

4

As such, Plaintiff, Experian, and Portfolio respectfully request a 14-day extension of the

5

dispositive motion deadline for Experian making the new deadline December 18, 2017.

6

Dated this 1st day of December 2017.

7

THE LAW OFFICE OF VERNON
NELSON

8

NAYLOR & BRASTER

9
10
11
12
13
14

By: /s/ Jennifer L. Braster
Jennifer L. Braster
Nevada Bar No. 9982
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145

By: /s/ Vernon A. Nelson
Vernon A. Nelson, Jr.
Nevada Bar No. 6434
9480 S. Eastern Ave., Ste. 244
Las Vegas, NV 89123

Attorneys for Defendant Experian Information
Solutions, Inc.

Attorneys for Plaintiff Michael Calkins
KRAVITZ, SCHNITZER, & JOHNSON,
CHTD.

15
16
17
18
19
20
21

By: /s/ Gina M. Mushmeche
Gina M. Mushmeche
Nevada Bar No. 10411
8985 S. Eastern Ave., Suite 200
Las Vegas, NV 89123
Attorneys for Portfolio Recovery Associates,
LLC
IT IS SO ORDERED.

22
23

12-4-2017
Dated: __________________

24
25
26
27
28
NAYLOR & BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
[phone]

______________________________________
HONORABLE CAM FERENBACH
United States Magistrate Judge

2

On November 27, 2017, the Parties file a Stipulation to Extend the time allowed for
Plaintiff to file an Opposition to Defendant Portfolio Recovery Associate’s Motion for Summary
Judgment until December 4, 2017, which indicates Plaintiff’s counsel has not been in the office
due to a family emergency and therefore unable to attend to and respond to the Motion for
Summary Judgment. (ECF No. 39). Similarly, Plaintiff’s counsel has been unable to engage in
settlement discussions as intended.
2 of 2