Thornton v. Portola Del Sol Operator, LLC et al

Filing 123

ORDER Granting 122 Stipulation for Extension of Time. AMC's deadline to respond to the Second Amended Complaint is extended until two weeks after the Court decides the Parties' forthcoming motion to approval settlement. Signed by Magistrate Judge Brenda Weksler on 12/11/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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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.

(Fifth 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”), until two weeks after the Court decides Ms. Thornton and AMC’s

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forthcoming joint motion to approve settlement.

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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.

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4.

The Parties subsequently stipulated to grant AMC additional time to respond to the

SAC due to unexpected scheduling conflicts. ECF No. 115.
5.

Ms. Thornton and AMC engaged in settlement discussions during the intervening

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period and received two extensions to AMC’s answering deadline to provide the United States

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time to review the settlement offer, as required under the FCA.

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Nos. 125–26.

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6.

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ECF Nos. 118-19; ECF

Ms. Thornton and AMC have agreed on a settlement amount, but as explained

immediately below, they require Court approval of the settlement.
7.

As of this writing, the United Stated has not stated whether it has any objection to

the proposed settlement terms.
8.

Although no objection is anticipated, Ms. Thornton and AMC will submit a joint

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motion to the Court in the coming days, asking it to approve the settlement, which will provide

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the United States an opportunity to object.

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9.

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 until after the Court

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decides the settlement motion.
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10.

The Parties request a two-week extension from the date of the Court’s decision on

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their forthcoming settlement motion to accommodate the finalization and execution of a written

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settlement agreement.

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AMC, with prejudice, thus mooting its need to respond to the SAC.

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If the Court approves the settlement, Ms. Thornton will dismiss her claims against

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

unduly delay proceedings.

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IT IS SO STIPULATED.

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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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Dated: December 10, 2024.

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By:

Dated: December 10, 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 until two weeks after the

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Court decides the Parties’ forthcoming motion to approval settlement.

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
DATED: 12/11/2024

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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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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 (Fifth 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 December 10, 2024
/s/ Tiy Lewis
An employee of SNELL & WILMER L.L.P.

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4876-6853-6055

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