Garcia v. Specialized Loan Servicing LLC et al

Filing 84

ORDER Granting 83 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 8/23/2019. Signed by Magistrate Judge Cam Ferenbach on 7/1/2019. (Copies have been distributed pursuant to the NEF - JQC)

C

1
2
3
4
5
6
7
8

JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Counsel for Defendant
Specialized Loan Servicing, LLC

9

UNITED STATES DISTRICT COURT

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

10
11
12
13
14
15
16
17

DISTRICT OF NEVADA
TROY A. GARCIA,

Case No.: 2:17-cv-01721-RFB-VCF
Plaintiff,

v.
SPECIALIZED LOAN SERVICING LLC;
AMERICAN HONDA FINANCE CORP.;
TOYOTA FINANCIAL SERVICES; WELLS
FARGO CARD SERVICES; EQUIFAX
INFORMATION SERVICES, LLC,

SECOND STIPULATION TO CONTINUE
DEADLINE TO SUBMIT JOINT
PRETRIAL ORDER

Defendants.

18
19
20

COME NOW, Plaintiff Troy A. Garcia (“Plaintiff”) and Defendant Specialized Loan

21

Servicing, LLC (“Defendant”), by and through their respective counsel of record in the above-

22

captioned matter, and hereby stipulate and agree, pursuant to LR 7-1, as follows:

23
24
25
26
27
28

1.

On May 14, 2018, Defendant filed its Motion for Summary Judgment [ECF No. 35]

(“Defendant’s Motion”).
2.

On May 14, 2018, Plaintiff filed his Motion for Partial Summary Judgment [ECF

No. 37] (“Plaintiff’s Motion” and, collectively with Defendant’s Motion, the “Motions”).
3.

After the parties completed briefing on the Motions, the Court conducted oral

argument on September 21, 2018, and took the Motions under submission.
ACTIVE 43062020v1

-1-

1

4.

On March 21, 2019, the Court entered an order granting in part and denying in part

2

Defendant’s Motion, denying Plaintiff’s Motion, and directing the parties to submit a Joint Pretrial

3

Order by April 24, 2019 [ECF No. 67]

4
5

5.

On April 16, 2019, Defendant filed a Motion for Reconsideration of the Court’s

order [ECF No. 70].

6

6.

On May 4, 2019 Plaintiff to file his response to the Motion for Reconsideration.

7

7.

On May 20, 2019 Defendant filed its reply in support of the Motion for

8

Reconsideration.

9

8.

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

10

has not been reached.

11
12

The Parties have engaged in some settlement conversations, although a settlement

9.

Lead Counsel for Plaintiff will be on an extended vacation outside of the United

States from July 3-12. Counsel for SLS has a heavy travel and trial schedule.

13

10.

The parties have met and conferred via email on the pretrial deadline. SLS believes

14

that the issues raised in the Motion for Reconsideration, may substantially impact the issues to be

15

decided at trial, and to allow the Court an opportunity to consider the motion and any oral argument

16

heard, it is the best interests of the parties and judicial economy to continue the deadline to submit

17

a Joint Pretrial Order by thirty (30) days from July 23, 2019 to August 23, 2019. As noted in

18

Plaintiff’s opposition to SLS’s Motion for Reconsideration, Plaintiff believes that reconsideration

19

should be denied, such that adjudication on the motion will not limit the issues remaining for trial.

20

Regardless, Plaintiff has no objection to a brief extension of the pretrial deadlines due to the parties’

21

prior commitments and briefing schedules.

22

extension is warranted.

23

///

24

///

25

///

26

///

27

///

28

///
ACTIVE 43062020v1

Therefore, the parties are in agreement that an

-2-

1
2

11.

This stipulation is submitted in good faith and not for the purposes of delay.

IT IS SO STIPULATED.

3

DATED this 28th day of June, 2019.

DATED this 28th day of June, 2019.

4

GREENBERG TRAURIG, LLP

KNEPPER & CLARK LLC

/s/
Jacob D. Bundick
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, NV 89169
Counsel for Defendant
Specialized Loan Servicing, LLC

/s/
Miles N. Clark
MATTHEW I. KNEPPER, ESQ.
Nevada Bar No. 12796
MILES N. CLARK, ESQ.
Nevada Bar No. 13848
5510 S. Fort Apache Road, Suite 30
Las Vegas, NV 89148

5
6
7
8
9

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

10
11

DAVID H. KRIEGER, ESQ.
HAINES & KRIEGER, LLC
Nevada Bar No. 9086
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
Counsel for Plaintiff Troy A. Garcia

12
13
14
15

ORDER

16

IT IS SO ORDERED

IT IS HEREBY ORDERED that the
Joint Pretrial Order is due by
August 23, 2019.

17
18

________________________________________
UNITED STATES MAGISTRATE JUDGE
7-1-2019
Dated: ________________

19
20
21
22
23
24
25
26
27
28
ACTIVE 43062020v1

-3-

CERTIFICATE OF SERVICE

1
2

Pursuant to Fed. R. Civ. P. 5(b), 45, I hereby certify that on June 28, 2019, a copy of the

3

foregoing SECOND STIPULATION TO CONTINUE DEADLINE TO SUBMIT JOINT

4

PRETRIAL ORDER was filed electronically via the Court’s CM/ECF system. Notice of filing will

5

be served on all parties by operation of the Court’s CM/ECF filing system, and parties may access

6

this filing through the Court’s CM/ECF system.

7
8
9

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

10
11
12
13
14
15
16

Attorneys for Plaintiff, Troy A. Garcia
Matthew I. Knepper, Esq.
Miles N. Clark, Esq.
Knepper & Clark
5510 S. Fort Apache Road, Suite 30
Las Vegas, NV 89148
[e-mail]
[e-mail]
David H. Krieger
Haines & Krieger, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
[e-mail]

17
18
/s/ Megan L. Sheffield
An employee of GREENBERG TRAURIG, LLP

19
20
21
22
23
24
25
26
27
28
ACTIVE 43062020v1

-4-