Incaviglia et al v. FMMR Investments et al

Filing 11

ORDER Granting 10 Second Stipulation for Extension of Time Re: 1 Complaint. Wells Fargo Bank, N.A.'s answer due 6/21/2018. Signed by Magistrate Judge Nancy J. Koppe on 6/1/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Erica J. Stutman, Esq.
Nevada Bar No. 10794
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]

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Attorneys for Defendant Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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FRANK INCAVIGLIA and KATHLEEN
INCAVIGLIA,

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Plaintiffs,

Case No. 2:18-cv-00669-JCM-NJK
STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
COMPLAINT

vs.
FMR INVESTMENTS D/B/A RAPID CASH;
and WELLS FARGO BANK, N.A.,

(Second Request)

Defendants.

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Pursuant to LR IA 6-1 and LR 7-1, Defendant Wells Fargo Bank, N.A. (“Wells Fargo”),

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together with Plaintiffs, Frank Incaviglia and Kathleen Incaviglia (the “Plaintiffs” and together

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with Wells Fargo, the “Parties”), by and through their attorneys of record, hereby stipulate to

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extend the deadline for Wells Fargo to respond to the Complaint (ECF No. 1) from May 30, 2018,

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to June 21, 2018.

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Plaintiffs filed their Complaint on April 13, 2018, and served Wells Fargo’s resident agent

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on or about April 16, 2018.

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stipulated to extend the time for Wells Fargo to respond to the Complaint until May 30, 2018.

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The Court granted the stipulation on May 3, 2018 (ECF No. 8).

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Thereafter, the Parties engaged in settlement discussions and

Settlement discussions are ongoing, and the Parties are hopeful that a resolution will be

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reached without expending additional resources on litigation that could be used for settlement

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purposes. This is the Parties’ second request to extend the time to respond to the Complaint.

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Good cause exists to extend the time to respond to the Complaint because the Parties have

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exchanged several settlement offers and counter offers, and are continuing to negotiate in good

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faith.

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Complaint in order to narrow the subject matter of the litigation. This stipulation is made in good

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faith for the benefit of the Parties, and not for any deleterious purpose or to delay these

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proceedings.

Additionally, the Parties are continuing their investigation of the allegations in the

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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Dated: May 31, 2018

Dated: May 25, 2018

HAINES & KRIEGER, LLC

SNELL & WILMER L.L.P.

By: /s/ Rachel B. Saturn
David Krieger, Esq. (NV Bar No. 9086)
Rachel B. Saturn, Esq. (NV Bar No. 8653)
8985 S. Eastern Ave., Suite 350
Henderson, Nevada 89123
Attorneys for Plaintiffs Frank Incaviglia and
Kathleen Incaviglia

By: /s/ Wayne Klomp
Erica J. Stutman, Esq. (NV Bar No. 10794)
Wayne Klomp, Esq. (NV Bar No. 10109)
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for Defendant Wells Fargo Bank,
N.A.

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IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
DATED:

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-2-

June 1, 2018
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