1st One Hundred Investment Pool, LLC v. Rose et al

Filing 16

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 14 plaintiff's emergency motion be, and the same hereby is, DENIED. Signed by Judge James C. Mahan on 6/7/17. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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1st ONE HUNDRED INVESTMENT
POOL, LLC,

ORDER
Plaintiff(s),

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Case No. 2:17-CV-1233 JCM (PAL)

v.
CARMEN J. ROSE, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before this court is plaintiff 1st One Hundred Investment Pool, LLC’s emergency
motion to extend time to respond to defendants Bank of New York Mellon Trust Company
(“BNY”) and Sables, LLC’s (“Sables”) motions to dismiss. (ECF No. 14). BNY filed its motion
to dismiss on May 26, 2017, (ECF No. 7) and Sables filed its motion to dismiss on May 30, 2017,
(ECF No. 8).
Specifically, plaintiff argues that it does not want to incur legal fees to produce responses
to the motions to dismiss before its May 26, 2017, motion to remand is adjudicated. See (ECF No.
14). Therefore, plaintiff requests “an order of continuance to file its responses to defendants’
motions to dismiss, or, alternatively, a request for stay of briefing, until its motion for remand is
resolved.” (Id. at 1).
Plaintiff’s requests will be denied for multiple procedural reasons. First, emergency
consideration under Local Rule 7-4 is explicitly inapplicable to “requests for procedural relief,
e.g., a motion to extend time to file a brief.” LR 7-4. Second, the motion to remand is not yet ripe.
See (ECF No. 6); see also LR 7-2(b). Finally, “[f]or each type of relief requested . . . a separate

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document must be filed and a separate event must be selected for that document” on the electronic

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docketing system. LR IC 2-2(b).

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s emergency

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motion (ECF No. 14) be, and the same hereby is, DENIED.
DATED June 7, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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