Garcia v. Specialized Loan Servicing LLC et al

Filing 90

ORDER Granting 89 Stipulation for Extension of Time. Proposed Joint Pretrial Order due by 2/3/2020. Signed by Judge Richard F. Boulware, II on 11/8/2019. (Copies have been distributed pursuant to the NEF - JQC)

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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 10845 Griffith Peak Drive, Ste. 600 Las Vegas, Nevada 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Email: bundickj@gtlaw.com hoguem@gtlaw.com Counsel for Defendant Specialized Loan Servicing, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA Greenberg Traurig, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, NV 89135 (702) 792-3773 (702) 792-9002 (fax) 11 12 TROY A. GARCIA, 13 Case No.: 2:17-cv-01721-RFB-VCF Plaintiff, 14 v. 15 SPECIALIZED LOAN SERVICING LLC; AMERICAN HONDA FINANCE CORP.; TOYOTA FINANCIAL SERVICES; WELLS FARGO CARD SERVICES; EQUIFAX INFORMATION SERVICES, LLC, 16 17 18 FIFTH STIPULATION TO CONTINUE DEADLINE TO SUBMIT JOINT PRETRIAL ORDER Defendants. 19 20 COME NOW, Plaintiff, Troy A. Garcia (“Plaintiff”), and Defendant, Specialized Loan 21 Servicing, LLC (“SLS” or “Defendant”), by and through their respective counsel of record in the 22 above-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 46890561v1 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 filed 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 [ECF No. 81]. 9 10 8. not been reached. The parties continue to discuss potential resolution. 11 Greenberg Traurig, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, NV 89135 (702) 792-3773 (702) 792-9002 (fax) The Parties have engaged in settlement conversations, although a settlement has 9. The parties have met and conferred via email on the pretrial deadline. SLS believes 12 that the issues raised in the Motion for Reconsideration may substantially impact the issues to be 13 decided at trial, and to allow the Court an opportunity to consider the motion and any oral argument 14 heard, it is the best interests of the parties and judicial economy to continue the deadline to submit 15 a Joint Pretrial Order from November 22, 2019 to February 3, 2020 . SLS believes the Court will 16 rule on the pending Motion for Reconsideration prior to the extended deadline. As noted in 17 Plaintiff’s opposition to SLS’s Motion for Reconsideration, Plaintiff believes that reconsideration 18 should be denied, such that adjudication on the motion will not limit the issues remaining for trial. 19 Regardless, Plaintiff has no objection to an extension of the pretrial deadlines. Therefore, the 20 parties are in agreement that an extension is warranted. The Parties do not presently anticipate 21 submitting any further stipulation for an additional extension absent unforeseen circumstances. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// ACTIVE 46890561v1 2 1 10. 2 IT IS SO STIPULATED. 3 DATED this 1st day of November, 2019. DATED this 1st day of November, 2019. GREENBERG TRAURIG, LLP KNEPPER & CLARK LLC /s/Michael Hogue 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 13 DAVID H. KRIEGER, ESQ. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Avenue, Suite 350 Henderson, NV 89123 14 Counsel for Plaintiff Troy A. Garcia 4 5 6 7 8 9 10 11 Greenberg Traurig, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, NV 89135 (702) 792-3773 (702) 792-9002 (fax) This stipulation is submitted in good faith and not for the purposes of delay. 12 15 16 17 ORDER IT IS SO ORDERED. 18 19 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 20 November 8, 2019 Dated: ________________ 21 22 23 24 25 26 27 28 ACTIVE 46890561v1 3

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