Garcia v. Specialized Loan Servicing LLC et al

Filing 88

ORDER Granting 87 Stipulation to Continue. IT IS ORDERED that the Joint Pretrial Order must be filed on or before 11/22/2019. Signed by Magistrate Judge Cam Ferenbach on 10/2/2019. (Copies have been distributed pursuant to the NEF - JQC) Modified on 10/3/2019 to correct date signed by Judge (DKJ).

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JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
GREENBERG TRAURIG, LLP
10845 Griffith Peak Drive, Ste. 600
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Counsel for Defendant
Specialized Loan Servicing, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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TROY A. GARCIA,

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

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v.

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

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FOURTH STIPULATION TO
CONTINUE DEADLINE TO SUBMIT
JOINT PRETRIAL ORDER

Defendants.

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

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

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

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1.

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

35] (“Defendant’s Motion”).
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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”).
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After the parties completed briefing on the Motions, the Court conducted oral

argument on September 21, 2018, and took the Motions under submission.
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4.

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

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

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

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5.

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

Order [ECF No. 70].

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6.

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

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7.

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

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Reconsideration [ECF No. 81].

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8.

not been reached. The parties continue to discuss potential resolution.

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Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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

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Counsel for SLS is scheduled to begin trial the second week of August, and

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potentially will have another trial scheduled for the first or third week of November. Counsel for

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Plaintiff has a trial presently scheduled to begin on November 12, 2019, which should last several

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days.

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10.

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

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

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

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

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a Joint Pretrial Order from October 14, 2019 to November 22, 2019. As noted in Plaintiff’s

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

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denied, such that adjudication on the Motion will not limit the issues remaining for trial.

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Regardless, Plaintiff has no objection to an extension of the pretrial deadlines. Therefore, the

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parties are in agreement that an extension is warranted.

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IT IS SO STIPULATED.

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DATED this 2nd day of October, 2019.

DATED this 2nd day of October, 2019.

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
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135

/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

Counsel for Defendant
Specialized Loan Servicing, LLC

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DAVID H. KRIEGER, ESQ.
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123

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Counsel for Plaintiff Troy A. Garcia

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Greenberg Traurig, LLP
10845 Griffith Peak Drive, Suite 600
Las Vegas, NV 89135
[phone]
[phone] (fax)

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

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ORDER
IT IS SO ORDERED.
IT IS HEREBY ORDERED that the Joint
Pretrial Order must be filed on or before
November 22, 2019.

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UNITED STATES MAGISTRATE JUDGE
October 2, 2019
Dated: ________________

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