Pinchuk v. CIT Bank et al

Filing 95

ORDER granting 94 Motion to Continue Hearing re: 83 Motion for Summary Judgment. Motion Hearing continued to 9/20/2018 at 02:00 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 8/22/2018. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7
8
9

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.

10

UNITED STATES DISTRICT COURT

11

STATE OF NEVADA

12
13

STEVEN G. PINCHUK,

14

Plaintiff,

15
16
17
18
19
20
21
22

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

Case No:

2:16-cv-02986-RFB-GWF

Hon. Richard F. Boulware
MOTION TO CONTINUE
HEARING ON DEFENDANT CIT
BANK, N.A.’S MOTION FOR
SUMMARY JUDGMENT
(First Request)
Date:
August 27, 2018
Time:
3:30 p.m.
Location: Courtroom 7C

23
24
25

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

26

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

27

Rule IA 6-1 and Judge Boulware Court Rules, that the Court continue the hearing

28

on Defendant’s motion for summary judgment, currently scheduled for August 27,

2:16-cv-02986-RFB-GWF
1
MOTION TO CONTINUE HEARING ON DEFENDANT CIT BANK, N.A.’S MOTION
FOR SUMMARY JUDGMENT

1

2018 until the next available hearing date or on a date that is convenient for the

2

Court. This is the first request for a continuance.

3

Good cause exists for the relief requested herein, as set forth in the attached

4

declaration and this request is not made for purpose of delay or any other improper

5

purpose. Among other reasons, good cause exists because the attorney that will

6

argue the pending motion, Jennifer Gray, has encountered a scheduling conflict. As

7

set forth in her attached declaration, Ms. Gray recently had a trial continued that is

8

likely to be ongoing on the scheduled hearing date. In addition, she has been

9

unable to file a motion to appear pro hac vice due to a delay in receiving certificates

10

of good standing from all of the states in which she is admitted to practice.

11

Plaintiff’s counsel has refused to consent to continue the hearing because his

12

client, who resides in Florida, has purportedly made plans to attend the hearing.

13

Despite the lack of any apparent connection between this case and the state of

14

Nevada, Plaintiff selected this forum and cannot now be heard to complain that

15

normal requests for continuances should be denied because it is inconvenient for

16

him to travel to the forum he selected. Mr. Pinchuk could have filed this action in

17

Florida but he chose not to do so. Having selected this forum, Mr. Pinchuk cannot

18

now invoke inconvenience as a basis for opposing this Motion.

19

CIT respectfully requests that the Court grant the present motion and enter an

20

order continuing the hearing until the next available hearing date or a date

21

otherwise convenient for this Court.

22

DATED: August 22, 2018

23
24
25
26

LECLAIRRYAN, LLP
By:

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

27
28

2:16-cv-02986-RFB-GWF
2
MOTION TO CONTINUE HEARING ON DEFENDANT CIT BANK, N.A.’S MOTION
FOR SUMMARY JUDGMENT

1
2
3
4
5
6
7
8
9

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.

10

UNITED STATES DISTRICT COURT

11

STATE OF NEVADA

12
13

STEVEN G. PINCHUK,

14

Plaintiff,

15
16
17

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

18

Defendants.

19

Case No:

2:16-cv-02986-RFB-GWF

Hon. Richard F. Boulware
DECLARATION OF JENNIFER L.
GRAY IN SUPPORT OF MOTION
TO CONTINUE HEARING ON
DEFENDANT CIT BANK, N.A.’S
MOTION FOR SUMMARY
JUDGMENT

20

Date:
August 27, 2018
Time:
3:30 p.m.
Location: Courtroom 7C

21
22
23
24

I, Jennifer L. Gray, hereby declare:

25
26
27
28

1.

I make this declaration in support of Defendant CIT Bank, N.A.’s

(“CIT”) Motion to Continue Hearing on Motion for Summary Judgment (the
“Motion”).
2:16-cv-02986-RFB-GWF
1
DECLARATION OF JENNIFER L. GRAY IN ISO MOTION TO CONTINUE HEARING
ON DEFENDANT CIT BANK, N.A.’S MOTION FOR SUMMARY JUDGMENT

2.

1

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

2

for purpose of delay or any other improper purpose. This is the first request for a

3

continuance.

4

3.

I have prepared and planned to argue the Motion.

A scheduling

5

conflict has arisen in that a state court trial in Los Angeles originally scheduled for

6

August 1, 2018 has been continued several times due to various delay tactics of the

7

defendant in that case. The trial is now expected to occur next week and would

8

conflict with the scheduled hearing date. I am trying that case by myself and thus,

9

am not able to arrange for another attorney to handle that trial.

10
11
12
13

4.

In addition, I have been unable to file a motion to appear pro hac vice in

this action. I am admitted to practice in three states and not yet received requested
certificates in all states but expect to receive them shortly.
5.

14

Earlier this week, my former colleague Jacob Bundick, who had

15

handled this case until February 2018 and is handling a similar case brought by Mr.

16

Bundick has remained involved, particularly as to any potential settlement

17

discussion. Earlier this week, Mr. Bundick indicated that we would be meeting

18

personally with Mr. Vernon regarding both cases. I asked him to communicate my

19

request to continue the hearing date. Mr. Bundick also communicated the request to

20

Mr. Vernon’s office, and informed me directly that Plaintiff was unwilling to

21

stipulate to a continuance because his client had planned to attend the hearing.
6.

22

As noted in the accompanying motion, Plaintiff selected this venue.

23

CIT is subject to federal court jurisdiction in Florida, where Plaintiff apparently

24

resides, and Plaintiff could have filed suit there.

25

///

26
27
28

///
///
2:16-cv-02986-RFB-GWF
2
DECLARATION OF JENNIFER L. GRAY IN ISO MOTION TO CONTINUE HEARING
ON DEFENDANT CIT BANK, N.A.’S MOTION FOR SUMMARY JUDGMENT

1

I declare under penalty of perjury pursuant to the laws of the State of

2

California and the United States of America that the foregoing is true and correct.

3

Executed on this 22nd day of August, 2018 at Los Angeles, California.

4
5
6

________________
Jennifer L. Gray

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2:16-cv-02986-RFB-GWF
3
DECLARATION OF JENNIFER L. GRAY IN ISO MOTION TO CONTINUE HEARING
ON DEFENDANT CIT BANK, N.A.’S MOTION FOR SUMMARY JUDGMENT

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
STATE OF NEVADA

8
9
10

STEVEN G. PINCHUK,
Plaintiff,

11
12
13
14

Case No:

2:16-cv-02986-RFB-GWF

Hon. Richard F. Boulware

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

15
16

____________
[PROPOSED] ORDER RE:
MOTION TO CONTINUE
HEARING ON DEFENDANT CIT
BANK, N.A.’S MOTION FOR
SUMMARY JUDGMENT
(First Request)

Date:
August 27, 2018
Time:
3:30 p.m.
Location: Courtroom 7C

17
18
19

PROPOSED ORDER

20
21
22
23
24
25

IT IS HEREBY ORDERED THAT the hearing on Defendant CIT Bank,
N.A’s Motion for Summary Judgment be continued from August 27, 2018 to
September 20
____________, 2018 at 2:00 PM.

IT IS SO ORDERED:

26

RICHARD F. BOULWARE, II

27

UNITED STATES DISTRICT JUDGE

28

DATED: August 22, 2018 .
1
[PROPOSED] ORDER

2:16-cv-02986-RFB-GWF