Lane et al v. Conestoga Settlement Services, LLC et al

Filing 63

ORDER Granting 59 Motion for Leave to File Excess Pages. Signed by Judge Andrew P. Gordon on 1/7/2021. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 1 of 7

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KEVIN R. STOLWORTHY, ESQ./SBN 2798
BRANDON P. JOHANSSON, ESQ./SBN 12003
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
JAMES C. ORR, JR. ESQ./TX SBN: 15313550
Admitted Pro Hac Vice
HEYGOOD, ORR & PEARSON
6363 North State Highway 161 Suite 450
Irving, Texas 75038
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Conestoga Settlement Services, LLC,
Conestoga International, LLC, Conestoga Trust Services, LLC,
and Michael McDermott

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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KENNETH LANE, et al.,
Plaintiffs,

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CASE NO. 2:20-cv-01716-APG-BNW
JOINT MOTION TO EXCEED PAGE
LIMITS ON:

v.
CONESTOGA SETTLEMENT SERVICES,
LLC, et al.,

(1) CONESTOGA SETTLEMENT
SERVICES, LLC; CONESTOGA
INTERNATIONAL, LLC;
CONESTOGA TRUST SERVICES,
LLC; AND MICHAEL
MCDERMOTT’S OPPOSITION TO
PLAINTIFFS’ MOTION FOR
APPOINTMENT OF TEMPORARY
RECEIVER; AND

Defendants.

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(2) PLAINTIFFS’ OPPOSITION TO
CONESTOGA SETTLEMENT SERVICES,
LLC; CONESTOGA INTERNATIONAL,
LLC; CONESTOGA TRUST SERVICES,
LLC; AND MICHAEL MCDERMOTT’S
MOTION TO DISMISS PURSUANT TO
RULE 12(B)(2) AND RULE 12(B)(6)

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Plaintiffs and Defendants Conestoga Settlement Services, LLC; Conestoga International,

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LLC; Conestoga Trust Services, LLC; and Michael McDermott (collectively, the “Conestoga
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Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 2 of 7

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Parties”), by and through their attorneys of record, hereby submit this Joint Motion to Exceed Page

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Limits on: (1) the Conestoga Parties Opposition to Plaintiffs’ Motion for Appointment of Temporary

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Receiver (ECF No. 41) (the “Motion to Appoint Temporary Receiver”); and (2) Plaintiffs’

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Opposition to the Conestoga Parties’ Motion to Dismiss Pursuant to Rule 12(b)(2) and Rule 12(b)(6)

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(ECF No. 44) (the “Motion to Dismiss”). This Motion is made and based upon the following

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Memorandum of Points and Authorities, all papers and pleadings on file, and the argument of

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counsel at any hearing.

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MEMORANDUM OF POINTS AND AUTHORITIES

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1.

On November 24, 2020, the Plaintiffs filed their Motion to Appoint Temporary

Receiver. The Conestoga Parties will be filing an opposition to that Motion.

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2.

To fairly address all of the issues raised in the Motion to Appoint Temporary

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Receiver, an additional ten pages (beyond the 24 pages allowed by Local Rule 7-3) is necessary and

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thus requested by the Conestoga Parties. The Motion to Appoint Temporary Receiver raises a

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number of issues as to why a receiver should be appointed. The Motion to Appoint Temporary

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Receiver also attaches almost 900 pages of supporting exhibits related to over ninety different

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Plaintiffs. The Conestoga Parties need additional pages to be able to address the numerous factual

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assertions made in the Motion to Appoint Temporary Receiver and to refute the numerous legal

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grounds raised by Plaintiffs to support their request for the appointment of a receiver.

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3.

Also on November 24, 2020, the Conestoga Parties filed their Motion to Dismiss. The

Plaintiffs will be filing an opposition to that Motion.

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4.

To fairly address all of the issues raised in the Motion to Dismiss, an additional six

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pages (beyond the 24 pages allowed by Local Rule 7-3) is necessary and thus requested by the

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Plaintiffs. The Motion to Dismiss includes over 30-pages of argument and raises a number of issues

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as to why the Complaint should be dismissed based on both jurisdictional and substantive grounds.

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5.

Counsel for both Parties have conferred with each other regarding the relief sought

herein and do not oppose the requests of either Party.

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The Court previously approved the Conestoga Parties’ request for leave to file the Motion to
Dismiss in excess of the page limits. (See ECF No. 46.)
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Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 3 of 7

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6.

The declaration of James C. Orr, Jr., counsel for the Conestoga Parties, is attached

hereto as Exhibit A and offered in support of this Motion.

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CONCLUSION

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The Parties respectfully request that the Court grant leave for the Conestoga Parties to file

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their Opposition to the Motion to Appoint Temporary Receiver with an additional ten pages. The

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Parties further respectfully request that the Court grant leave for the Plaintiffs to file their Opposition

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to the Motion to Dismiss with six additional pages.

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Dated: January 7, 2021

Dated: January 7, 2021

ARMSTRONG TEASDALE LLP

KING & DURHAM PLLC

By:/s/Brandon P. Johansson
KEVIN R. STOLWORTHY, NV Bar 2798
BRANDON P. JOHANSSON, NV Bar 12003
3770 Howard Hughes Parkway Suite 200
Las Vegas, Nevada 89169
Phone: [phone]

By:/s/Adam Sanderson
MATTHEW L. DURHAM, NV Bar 10342
6385 S. Rainbow Blvd., Suite 220
Las Vegas, Nevada 89118
Phone: [phone]

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ADAM SANDERSON, pro hac vice
REESE MARKETOS LLP
750 N. Saint Paul St., Suite 600
Dallas, Texas 75201-3201
Phone: [phone]

JAMES C. ORR, pro hac vice
HEYGOOD, ORR & PEARSON
6363 North State Highway 161 Suite 450
Irving, Texas 75038
Phone: [phone]

Attorneys for Plaintiffs

Attorneys for Defendants Conestoga Settlement
Services, LLC, Conestoga International, LLC,
Conestoga Trust Services, LLC, and Michael
McDermott

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ORDER

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IT IS SO ORDERED:

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______________________________________
UNITED STATES DISTRICT JUDGE

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DATED: ______________________________
January 7, 2021

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Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 4 of 7

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CERTIFICATE OF SERVICE

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I hereby certify that on the 7th day of January, 2021, a true and correct copy of the foregoing

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was filed electronically via the Court’s CM/ECF system. Notice of filing will be served on all parties

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by operation of the Court’s EM/ECF system, and parties may access this filing through the Court’s

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CM/ECF system.

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/s/Sheila A. Darling
An employee of Armstrong Teasdale LLP

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Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 5 of 7

Exhibit A
Declaration Of James C. Orr, Jr.

Exhibit A

Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 6 of 7

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KEVIN R. STOLWORTHY, ESQ./SBN 2798
BRANDON P. JOHANSSON, ESQ./SBN 12003
ARMSTRONG TEASDALE LLP
3770 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
JAMES C. ORR, JR. ESQ./TX SBN: 15313550
Admitted Pro Hac Vice
HEYGOOD, ORR & PEARSON
6363 North State Highway 161 Suite 450
Irving, Texas 75038
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Conestoga Settlement Services, LLC,
Conestoga International, LLC, Conestoga Trust Services, LLC,
and Michael McDermott

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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KENNETH LANE, et al.,

CASE NO. 2:20-cv-01716-APG-BNW

Plaintiffs,

DECLARATION OF JAMES C. ORR,
JR., IN SUPPORT OF JOINT MOTION
TO EXCEED PAGE LIMITS

v.
CONESTOGA SETTLEMENT SERVICES,
LLC, et al.,
Defendants.

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Pursuant to 28 U.S.C. § 1746,1 hereby declare as follows:
1.

My name is James C. Orr, Jr. I am over 21 years of age, of sound mind, and capable

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of making this declaration. I have never been convicted of a crime involving moral turpitude. The

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facts stated within this declaration are within my personal knowledge and are true and correct.

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2.

I am lead counsel in this action for Defendants Conestoga Settlement Services, LLC;

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Conestoga International, LLC; Conestoga Trust Services, LLC; and Michael McDermott

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(collectively, the “Conestoga Parties”).
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Case 2:20-cv-01716-APG-BNW Document 63 Filed 01/07/21 Page 7 of 7

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3.

On November 24, 2020, Plaintiffs filed their Motion to Appoint Temporary Receiver.

The Conestoga Parties will be filing an opposition to that Motion.
4.

To fairly address all of the issues raised in the Motion to Appoint Temporary

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Receiver, an additional ten pages (beyond the 24 pages allowed by Local Rule 7-3) is necessary and

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thus requested by the Conestoga Parties. The Motion to Appoint Temporary Receiver raises a

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number of issues as to why a receiver should be appointed. The Motion to Appoint Temporary

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Receiver also attaches almost 900 pages of supporting exhibits related to over ninety different

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Plaintiffs. The Conestoga Parties need additional pages to be able to address the numerous factual

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assertions made in the Motion to Appoint Temporary Receiver and to refute the numerous legal

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grounds raised by Plaintiffs to support their request for the appointment of a receiver.
5.

Also on November 24, 2020, the Conestoga Parties filed their Motion to Dismiss. It is

my understanding that the Plaintiffs will be filing an opposition to that Motion.
6.

It is also my understanding from the Plaintiffs’ counsel that to fairly address all of the

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issues raised in the Motion to Dismiss, an additional six pages (beyond the 24 pages allowed by

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Local Rule 7-3) is necessary and thus requested by the Plaintiffs. The Motion to Dismiss includes

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over 30-pages of argument and raises a number of issues as to why the Complaint should be

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dismissed based on both jurisdictional and substantive grounds.

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7.

I have today conferred with counsel for the Plaintiffs regarding the relief sought, and

we are both in agreement to the requests proposed in the Motion.
I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct.

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Executed on this 7th day of January, 2021.

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/s/James C. Orr, Jr.
JAMES C. ORR, JR., ESQ.

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