Wells Fargo Bank, N.A. v. Resources Group, LLC, et al

Filing 36

ORDER Granting 35 First Stipulation for Extension of Time Re: 34 Renewed Motion to Dismiss. Responses due by 11/9/2018. Replies due by 12/14/2018. Signed by Magistrate Judge Cam Ferenbach on 9/4/2018. (Copies have been distributed pursuant to the NEF - SLD)

1
2

ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
[e-mail]

3

HALL, JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, Nevada 89128
[phone]
Fax [phone]

4
5
6

Attorneys for Cortez Heights
Homeowners’ Association

7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10

WELLS FARGO BANK, N.A., a national
banking association,

11

Case No.: 2:17-CV-01124-RFB-VCF
STIPULATION AND ORDER TO
EXTEND MOTION DEADLINE PER
MARCH 29, 2018 ORDER [ ECF No. 33]

Plaintiff,

12

vs.

13

RESOURCES GROUP, LLC, A Nevada
limited-liability company as trustee of the
BOURNE VALLEY COURT TRUST;
CORTEZ HEIGHTS HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation; G&P ENTERPRISES, LLC dba
ALLIED TRUSTEE SERVICES, a California
limited-liability company;

FIRST REQUEST
14
15
16
17
Defendants.
18
19

Pursuant to Fed. R. Civ. P. 26(f), and Local Rules 6-1, 26-1 and 26-4, Wells Fargo Bank,

20

N.A. (“Wells Fargo”); Cortez Heights Homeowners Association (“Cortez Heights HOA”) and

21

Resources Group, LLC, A Nevada limited-liability company as trustee of the Bourne Valley

22

Court Trust (“Resources Group”) by and through their respective undersigned counsel of record,

23

submit this Stipulation and Proposed Order to extend the motion deadline set forth in this Court’s

24

March 29, 2018 Order [“ Order, ECF. No. 33”]. This is the Stipulating Parties’ first request for

25

extension of this motion deadline. The current motion deadline is August 23, 2018. Defendant

26

RESOURCES GROUP, LLC, FILED ITS SECOND MOTION TO DISMISS ON AUGUST

27

23, 2018 [ECF NO. 34], BUT the Stipulating Parties are seeking a fifty day extension until

28

October 12, 2018 for any other parties to file a motion for summary judgment or motion to
1

1

dismiss. Responses to any motions filed on or before October 12, 2018 will be due November

2

9, 2018. All reply briefs will be due on December 14, 2018.

3

The motion deadline set forth in the Order is not the dispositive motion deadline for the

4

action. At the time this case was stayed on March 29, 2018 [ECF No. 33], the parties were

5

conducting discovery pursuant to an August 24, 2017 discovery plan and scheduling order [ECF

6

No. 27], with approximately 3 months remaining until the dispositive motion deadline of June

7

22, 2018.

8

This request to extend the motion deadline is made in good faith, and is not for purpose

9

of delay or prejudice to any party, but to allow all parties sufficient time to brief their motions,

10

as well as any responses and reply briefs, given the Nevada Supreme Court’s recent decision on

11

the pending certified question. Pursuant to LR 26-4, good cause exists to grant this request

12

within 21 days of the deadline to file dispositive motions, as the aforementioned decision was

13

just issued on August 2, 2018, which was 21 days prior to the instant deadline and the parties

14

have only conducted minimal discovery in this case.

15

The requested extension will not result in undue delay or prejudice to any party, as the

16

stay has not been lifted and the parties have not submitted an amended discovery plan or

17

scheduling order.

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
2

1

Accordingly, the Parties agree that discovery in this action shall remain stayed during the

2

pendency of the motions referred to in the foregoing paragraph. Within 30 days from the entry

3

of an order resolving those motions, the parties shall meet and confer and submit a new

4

discovery plan pursuant to LR 26-1.

5

Dated: August 23, 2018.

Dated: August 23, 2018.

6

HALL, JAFFE & CLAYTON, LLP

LAW OFFICES OF MICHAL F. BOHN,
ESQ., LTD

By:____/s/Ashlie L. Surur__________
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, Nevada 89128
Attorneys for Cortez Heights
Homeowners’ Association

By:___/s/Michael F. Bohn___________
Michael F. Bohn, Esq.
Nevada Bar No. 1641
Adam R. Trippiedi, Esq.
Nevada Bar No. 12294
2260 Corporate Circle, Ste. 480
Henderson, Nevada 89074
Attorneys for Resources Group, LLC as
trustee for Bourne Valley Court Trust

7
8
9
10
11
12
13
14
15
16
17
18
19

Dated: August 23, 2018.
SNELL & WILMER L.L.P
By:__ Kiah D. Beverly-Graham _______
Jeffery Willis, Esq.
Nevada Bar No. 4797
Kiah D. Beverly-Graham, Esq.
Nevada Bar No. 11916
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for Wells Fargo Bank, N.A.
ORDER

20
21

IT IS SO ORDERED.
September 4, 2018
DATED: _________________________

22
23
24

_____________________________________
UNITED STATES MAGISTRATE JUDGE

25
26
27
28
3