Bank of New York Mellon v. Painted Desert Community Association, et al

Filing 56

ORDER that 54 Motion to Extend the Deadline to Serve Confidential Settlement Statement is GRANTED as a one-time courtesy to Defendants and their counsel. Signed by Magistrate Judge Nancy J. Koppe on 10/18/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01466-JCM-NJK Document 54 Filed 10/17/18 Page 1 of 4

1
2
3
4
5
6

LUIS A. AYON, ESQ.
NEVADA BAR NO. 9752
AYON LAW, PLLC
8716 Spanish Ridge Ave., Suite 115
Las Vegas, Nevada 89148
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Eva and Ron Haus

7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12
13
14

THE BANK OF NEW YORK MELLON
FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR
THE
BENEFIT
OF
THE
CERTIFICATE HOLDERS OF THE
CWLAT, INC.,
ALTERNATIVE LOAN TRUST 2004-j09,
MORTGAGE PASS THROUGH
CERTIFICATES, SERIES 2004-J09,

15

Case No.: 2:17-cv-01466-JCM-NJK
MOTION TO EXTEND THE DEADLINE TO
SERVE CONFIDENTIAL SETTLEMENT
STATEMENT

Plaintiff,

16

v.

17

PAINTED
DESERT
COMMUNITY
ASSOCIATION; RON HAUS; EVA
BEROU; and NEVADA ASSOCIATION
SERVIES,

18
19

Defendants.

20
21
Defendants Ron Haus and Eva Berou (“Defendants”) by and through their attorneys of

22
23
24
25
26
27
28
AYON LAW, PLLC
8716 Spanish Ridge Ave.
Suite 115
LAS VEGAS, NEVADA 89148
PHONE: [phone]

record, the law firm of AYON LAW, PLLC, hereby files this motion to extend the deadline to serve
its Settlement Conference Statement to Magistrate Nancy J. Koppe. This is the first request for an
extension of this deadline.
///
///
///
///
1

Case 2:17-cv-01466-JCM-NJK Document 54 Filed 10/17/18 Page 2 of 4

1
2
3
4

This motion is made pursuant to District Court of Nevada LR IA 6-1(a), based on the
following memorandum of points and authorities, the papers and pleadings on file herein and any
oral arguments the Court may entertain.
DATED this 17th day of October, 2018.

5
AYON LAW, PLLC

6
7

/s/ Luis A. Ayon
Luis A. Ayon, Esq.
Nevada Bar No. 9752
8716 Spanish Ridge Ave., Ste. 115
Las Vegas, Nevada 89148
Attorneys for Defendants Eva Berou
and Ron Haus

8
9
10
11
12

MEMORANDUM OF POINTS AND AUTHORITIES

13

I.

14
15
16

INTRODUCTION

This case has been referred to set a settlement conference, [ECF No. 45]. The settlement
conference is set for October 24, 2018 at 9:30 a.m. before Magistrate Judge Nancy Koppe.

17

On August 28, 2018, the District Court filed an Order [ECF No. 46] to set the settlement

18

conference and ordered each party to submit a Confidential Settlement Statements for in camera

19
20
21
22
23
24

review, (See: ECF No. 46, page 2, lines10-11 and 10-12), and each party to deliver its Confidential
Settlement Statement to chambers no later than 3:00 p.m. on October 17, 2018.
Counsel for Defendants office staff member contacted the District Court on October 17,
2018 to request a small extension and were instructed to file a request on the court docket.
Based on the foregoing, Defendants are requesting a short extension to serve the
Confidential Settlement Statement, pursuant to District Court of Nevada LR IA 6-1(a).
II.

25
26
27
28
AYON LAW, PLLC
8716 Spanish Ridge Ave.
Suite 115
LAS VEGAS, NEVADA 89148
PHONE: [phone]

A.

LEGAL ARGUMENT

LEGAL STANDARD

District Court of Nevada LR IA 6-1(a) states:
A motion or stipulation to extend time must state the reasons for the extension
requested and must inform the court of all previous extensions of the subject
deadline the court granted. (Examples: “This is the first stipulation for extension of
2

Case 2:17-cv-01466-JCM-NJK Document 54 Filed 10/17/18 Page 3 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14

time to file motions.” “This is the third motion to extend time to take discovery.”)
A request made after the expiration of the specified period will not be granted
unless the movant or attorney demonstrates that the failure to file the motion before
the deadline expired was the result of excusable neglect. Immediately below the
title of the motion or stipulation there also must be a statement indicating whether
it is first, second, third, etc., requested extension…
See LR IA 6-1(a). Pursuant to District Court of Nevada LR IA 6-1(a), Ron Haus and Eva Berou are
requesting a short extension serve its Confidential Settlement Statement.
B.

EXCUSABLE NEGLECT EXISTS TO ALLOW THE COURT TO GRANT AN EXTENSION

Due to a complex schedule, Defendant’s counsel, is not able to serve the statement according to
the specifications in the Order [ECF No. 46] nor to timely submit the Confidential Settlement
Statement before the prescribed deadline and would fail to submit the Statement by the deadline,
October 17, 20018 by 3:00 p.m. which is a result of excusable neglect. Defendants are requesting an
additional (1) day to serve the Confidential Settlement Statement up and until noon 12 p.m. on October
18, 2018.

DATED this 17th day of October, 2018.

15

AYON LAW, PLLC

16
17

/s/ Luis A. Ayon
LUIS A. AYON, ESQ.
Nevada Bar No. 9752
8716 Spanish Ridge Ave., Ste. 115
Las Vegas, Nevada 89148
Attorneys for Defendants Eva Berou and Ron Haus

18
19
20
21
22
23
24
25
26
27

Good cause has not been shown for an extension, but
this motion will be GRANTED as a one-time courtesy
to Defendants and their counsel. IT IS SO
ORDERED.
.
.
_________________________
Nancy J. Koppe
United States Magistrate Judge
October 18, 2018

28
AYON LAW, PLLC
8716 Spanish Ridge Ave.
Suite 115
LAS VEGAS, NEVADA 89148
PHONE: [phone]

3