Thornton v. Portola Del Sol Operator, LLC et al

Filing 121

ORDER granting 120 Stipulation. AMC's deadline to respond to the Second Amended Complaint is extended to and including December 10, 2024. Signed by Magistrate Judge Brenda Weksler on 11/26/2024. (Copies have been distributed pursuant to the NEF - DLS)

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Snell
& Wilmer
___________
___________

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive , 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, Relator,

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,
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.

(Fourth 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 December 10, 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 Drive , 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. This extension also mirrored the one granted to

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co-defendant TMIF. ECF No. 110.

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4.

The Parties subsequently stipulated to grant AMC an additional two weeks to

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respond to the SAC due to unexpected scheduling conflicts, primarily including unexpectedly

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advanced deadlines in a federal pro bono trial. ECF No. 115.

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5.

During the intervening period, Ms. Thornton and AMC engaged in renewed

settlement discussions.
6.

Because the United States required additional time to review a settlement offer, as

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required under the False Claims Act, Ms. Thornton and AMC stipulated to extend AMC’s time to

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answer or otherwise respond to the SAC by two weeks, until November 26, 2024.

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118-19.

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7.

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ECF Nos.

The United States has subsequently requested an additional two weeks to review

the settlement offer, in part due to the upcoming Thanksgiving holiday.
8.

Because preventing AMC from expending additional attorney’s fees to respond to

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the SAC during that period would be conducive to settlement, the parties agree it is in their

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mutual best interest and judicial economy to likewise extend that response period by two weeks,

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to and until December 10, 2024.

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9.

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

unduly delay proceedings.
IT IS SO STIPULATED.

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Dated: November 25, 2024.

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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:

Dated: November 25, 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

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

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ORDER

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Good cause appearing, Ms. Thornton and AMC’s stipulation is GRANTED. AMC’s

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deadline to respond to the Second Amended Complaint is extended to and including December

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10, 2024.

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
DATED: 11/26/2024

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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 (Fourth Request) by method indicated below:

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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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Snell
& Wilmer
___________
___________

CERTIFICATE OF SERVICE

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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).
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DATED November 25, 2024
/s/ Tiy Lewis
An employee of SNELL & WILMER L.L.P.

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4876-6853-6055

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