Thornton v. Portola Del Sol Operator, LLC et al

Filing 116

ORDER granting 115 Stipulation. AMC's deadline to respond to the Second Amended Complaint is extended to and including November 12, 2024. Signed by Magistrate Judge Brenda Weksler on 10/29/2024. (Copies have been distributed pursuant to the NEF - DLS)

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Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center D rive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

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Amy F. Sorenson, Esq.
Nevada Bar No. 12495
SNELL & WILMER L.L.P.
15 West South Temple, Suite 1200
Salt Lake City, UT 84101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Gil Kahn, Esq.
Nevada Bar No. 14220
SNELL & WILMER L.L.P.
1700 South Pavilion Center Drive, Suite 700
Las Vegas, NV 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants Apartment Management
Consultants, LLC, and Rene Richardson

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA ex rel.
PEGGY THORNTON, Realtor,

Case No. 2:21-cv-01123-APG-BNW

and

Stipulation and Order to Extend Deadline
for Defendants Apartment Management
Consultants, LLC and Rene Richardson to
Respond to the Second Amended
Complaint

PEGGY THORNTON,
Plaintiff,

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vs.
PORTOLA DEL SOL OPERATOR, LLC, a
foreign limited-liability company; TMIF II
PORTOLA, LLC, a foreign limited-liability
company; APARTMENT MANAGEMENT
CONSULTANTS, LLC, a foreign limited
liability company; and RENE
RICHARDSON, as AGENT of PORTOLA
DEL SOL OPERATOR, LLC,
Defendants.

(Second Request)

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Relator Peggy Thornton and Defendants Apartment Management Consultants, LLC and

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Rene Richardson (collectively “AMC”), by and through their respective undersigned counsel,

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hereby stipulate to extend AMC’s deadline to respond to Ms. Thornton’s Second Amended

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Complaint (“SAC”) by two weeks, to and including November 12, 2024, with the following

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background and reasons:

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1.

Ms. Thornton filed her SAC on September 24, 2024. ECF No. 108.

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2.

Under FRCP 15, AMC’s response to the SAC was therefore due on October 8,

3.

The Parties stipulated to grant AMC an additional three weeks to assess the SAC

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Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center D rive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

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2024.

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given the multiple rounds of motion-to-dismiss briefing filed thus far and in light of AMC’s

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counsels’ conflicting work travel. ECF No. 113.

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4.

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No. 110.

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5.

This extension also mirrored the one granted to co-defendant TMIF.

ECF

AMC now requests an additional two weeks, to and including November 12, 2024,

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to respond to the SAC given unexpected scheduling conflicts. Specifically, Ms. Dove and Mr.

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Kahn both serve as pro bono counsel in a First Amendment, Section 1983 suit pending before this

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District, which was just reassigned to the Honorable Richard F. Boulware, who issued an order

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several days ago unexpectedly advancing the pre-trial deadlines, including motions in limine, by

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two weeks, to next week – November 1, 2024. Santopietro v. Howell, et al., 2:12-cv-01648-RFB-

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EJY, ECF No. 110.

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6.

Additionally, Mr. Kahn experienced severe food poisoning last week, greatly

limiting his ability to work for several days.
7.

The Parties agree that this stipulation is entered into in good faith and will not

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unduly delay proceedings, noting that this Court recently granted the stipulation staying discovery

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in this matter until any challenges to the SAC are resolved. ECF No. 109.

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IT IS SO STIPULATED.

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Dated: October 28, 2024.

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Dated: October 28, 2024.

SNELL & WILMER L.L.P.

NEVADA LEGAL SERVICES

/s/ Gil Kahn ________________
Amy F. Sorenson, Esq.
Nevada Bar No. 12495
15West South Temple, Suite 1200
Salt Lake City, UT 84101

By: /s/ Elizabeth S. Carmona
Kristopher Pre
Nevada Bar. No. 14106
Elizabeth S. Carmona
Nevada Bar No. 14687
530 South 6th Street
Las Vegas, Nevada 89101

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Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

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By:

Kelly H. Dove, Esq.
Nevada Bar No. 10569
Gil Kahn
Nevada Bar No. 14220
1700 South Pavilion Center Drive,
Suite 700
Las Vegas, NV 89135
Telephone: [phone]

________

Attorneys for Relator

Attorneys for Defendant Apartment
Management Consultants, LLC and Rene
Richardson
ORDER
Good cause appearing, Ms. Thornton and AMC’s stipulation is GRANTED. AMC’s
deadline to respond to the Second Amended Complaint is extended to and including November
12, 2024.
IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
DATED:

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October 29, 2024

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CERTIFICATE OF SERVICE

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I, the undersigned, declare under penalty of perjury, that I am over the age of eighteen

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(18) years, and I am not a party to, nor interested in, this action. On this date, I caused to be

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served a true and correct copy of the foregoing Stipulation and Order to Extend Deadline for

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Defendants Apartment Management Consultants, LLC and Rene Richardson to Respond to

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the Second Amended Complaint by method indicated below:

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

BY FAX: by transmitting via facsimile the document(s) listed above to the fax
number(s) set forth below on this date before 5:00 p.m. pursuant to EDCR Rule 7.26(a).
A printed transmission record is attached to the file copy of this document(s).

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BY U.S. MAIL: by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States mail at Las Vegas, Nevada addressed
as set forth below.

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BY OVERNIGHT MAIL: by causing document(s) to be picked up by an overnight
delivery service company for delivery to the addressee(s) on the next business day.

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BY PERSONAL DELIVERY: by causing personal delivery by, a messenger service
with which this firm maintains an account, of the document(s) listed above to the
person(s) at the address(es) set forth below.

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BY ELECTRONIC SUBMISSION: submitted to the above-entitled Court for
electronic filing and service upon the Court’s Service List for the above-referenced case.

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BY EMAIL: by emailing a PDF of the document listed above to the email addresses of
the individual(s) listed below.

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Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center D rive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

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DATED October 28, 2024

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/s/ Tiy Lewis
An employee of SNELL & WILMER L.L.P.

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4863-6867-5827

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