Pinchuk v. CIT Bank et al

Filing 102

ORDER granting 101 Motion to Extend Deadline. Proposed Joint Pretrial Order due by 11/12/2018. Signed by Judge Richard F. Boulware, II on 10/19/2018. (Copies have been distributed pursuant to the NEF - MMM)

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BRIAN C. VANDERHOOF (10463)
LECLAIRRYAN LLP
725 S. Figueroa Street, Suite 350
Los Angeles, CA 90017
Tel: [phone]
Email: [e-mail]
DAVID V. WILSON II (10278)
MEHAFFY WEBER PC
400 South 4th Street, Suite 500
Las Vegas, NV 89101
Tel: [phone]
Email: [e-mail]
Attorneys for Defendant
CIT BANK, N.A.

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UNITED STATES DISTRICT COURT

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STATE OF NEVADA

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STEVEN G. PINCHUK,

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Plaintiff,

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vs.
CIT BANK, N.A.; and EQUIFAX, INC.,
Defendants.

Case No:

2:16-cv-02986-RFB-GWF

Hon. Richard F. Boulware
MOTION TO CONTINUE TIME
TO FILE THE PROPOSED
PRETRIAL CONFERENCE
ORDER (First Request)

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Defendant CIT Bank, N.A. (“CIT”), through its attorney Brian C.

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Vanderhoof, Esq. with the law firm of LeClairRyan, hereby requests, under Local

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Rule IA 6-1 and Judge Boulware’s Court Rules, that the Court extend the time for

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the parties to file their Proposed Pretrial Order by 21 days. This is the first request.

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2:16-cv-02986-RFB-GWF
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MOTION TO CONTINUE THE DEADLINE TO FILE
THE PROPOSED PRETRIAL CONFERENCE ORDER

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On September 20, 2018, the Court heard and decided CIT’s Motion for

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Summary Judgment. After granting the motion in part and following the lengthy

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hearing, the Court Ordered the parties to file their proposed pretrial order within 30

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days. CIT now timely requests a brief extension of that deadline.

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Good cause exists for the relief requested herein as this request is not made

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for purpose of delay or any other improper purpose. Among other reasons, good

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cause exists because the proposed pretrial order is currently due on October 22,

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2018 and, for reasons unknown to the moving party, Plaintiff’s counsel has not yet

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initiated the Local Rule 16-3 meetings required to prepare the proposed pretrial

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order and the parties have not otherwise been able to meet to meaningfully discuss

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the issues or settlement. Moreover, even if the parties were able to commence the

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Local Rule 16-3 meetings this week there will be insufficient time to allow CIT

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representatives to meaningfully offer input into the required filing. Such a result

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would be unduly prejudicial to CIT because the document will shape the direction

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of the trial. Furthermore, because the trial date has not been set there will be no

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prejudice to any party by this brief request to continue the filing deadline. Indeed, a

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well prepared proposed pretrial order will help the parties streamline the trial which

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will benefit not only the parties, but more importantly the Court and the jurors.

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Plaintiff’s counsel has not responded to either the telephonic or email request

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to stipulate to the relief requested by this motion. As a result, it is unclear whether

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Plaintiff opposes the requested relief. At a minimum, Plaintiff has not articulated

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any basis by which she may be prejudiced from the proposed continuance and, in

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fact, will likely benefit from a continuance given that Plaintiff does not appear to be

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in a position to timely file the proposed pretrial order that is due just three court

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days from this filing.

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2:16-cv-02986-RFB-GWF
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MOTION TO CONTINUE THE DEADLINE TO FILE
THE PROPOSED PRETRIAL CONFERENCE ORDER

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For the foregoing reasons, CIT respectfully requests that the Court grant the

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present motion and enter an order continuing the time to file the proposed pretrial

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order from October 22, 2018 to November 12, 2018.

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DATED: October 18, 2018

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LECLAIRRYAN, LLP
By:

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/s/ Brian C. Vanderhoof
BRIAN C. VANDERHOOF, ESQ. (10463)
725 S. Figueroa Street, Suite 350
Los Angeles, CA 90017
Tel: [phone]
Email: [e-mail]
ORDER

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IT IS HEREBY ORDERED THAT the parties shall file their joint proposed
pretrial order on or before November 12, 2018.
IT IS SO ORDERED:

__________________________
RICHARD F. BOULWARE, II.
United States District Judge
October 19, 2018.
Dated:__________________________

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2:16-cv-02986-RFB-GWF
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MOTION TO CONTINUE THE DEADLINE TO FILE
THE PROPOSED PRETRIAL CONFERENCE ORDER