Thornton v. Portola Del Sol Operator, LLC et al

Filing 44

ORDER Granting 43 Stipulation to Extend Deadline to Answer 1 Complaint. Apartment Management Consultants, LLC answer due 5/10/2023. Signed by Magistrate Judge Brenda Weksler on 4/10/2023. (Copies have been distributed pursuant to the NEF - KF)

Case 2:21-cv-01123-APG-BNW Document 44
43 Filed 04/10/23
04/07/23 Page 1 of 4

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
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
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
Apartment Management Consultants, LLC

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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

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and

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PEGGY THORNTON,

STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
RESPONSE TO COMPLAINT

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Plaintiff,

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vs.

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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,

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Defendants.

(Fifth Request)

Case 2:21-cv-01123-APG-BNW Document 44
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Plaintiff Peggy Thornton (“Plaintiff”) and Defendant Apartment Management Consultants,

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LLC (“Defendant” or “AMC”), by and through their undersigned counsel, for good cause shown,

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hereby stipulate and agree to extend AMC’s deadline to file its response to Plaintiff’s Complaint

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[ECF No. 1] from April 10, 2023, to May 10, 2023, to continue to facilitate the Parties’

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settlement discussions:

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1.

Plaintiff filed the Complaint on June 14, 2021 [ECF No. 1].

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2.

The Complaint was unsealed on December 9, 2022, upon the United States declining

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3.

AMC’s response to the Complaint was originally due on January 18, 2023.

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4.

The Parties had informally agreed to extend the deadline to respond to February 1,

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Snell & Wilmer

intervention [ECF No. 18].

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2023, prior to AMC retaining counsel.
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Undersigned counsel, Snell & Wilmer L.L.P., was retained to represent AMC on or

about January 26, 2023.
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The Parties previously stipulated to extend the deadline for AMC to respond to the

Complaint, resulting in the current April 10, 2023 deadline.
7.

AMC initially needed more time to evaluable the complaint because it has not served

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as property manager for the apartment complex at issue for several years and needed to locate

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relevant documents. Plaintiff then generously provided AMC with the underlying contracts and

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leases at issue in this dispute, which AMC’s counsel has been analyzing to assess Plaintiff’s claims.

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8.

At the same time, undersigned counsel and their core litigation team were faced

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some personal obstacles that impeded their ability to work, including the post-partum

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hospitalization of a spouse and a school-age child currently suffering from COVID.

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9.

The Parties’ counsel subsequently requested an extension until April 10, 2023, to

engage in an initial settlement discussion.
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That process has been fruitful, and Plaintiff has made a settlement demand,

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including an iteration for a global resolution of this matter. To that end, AMC is in the process

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of evaluating the offer with its fellow defendants.

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Case 2:21-cv-01123-APG-BNW Document 44
43 Filed 04/10/23
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all parties to determine whether they can agree on settlement terms.

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12.

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This extension will also continue deferring the considerable attorneys’ fees

associated with AMC responding to the complaint and thus be conducive to settlement.

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Plaintiff and AMC believe that a 30-day extension will provide sufficient time for

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This extension request is sought in good faith and is not made for the purpose of

delay.
THEREFORE, Plaintiff and AMC therefore request an extension for AMC to file its
response to the Complaint until May 10, 2023.
Dated: April 7, 2023

Dated: April 7, 2023

NEVADA LEGAL SERVICES, INC.

SNELL & WILMER L.L.P.

By: /s/ Elizabeth S. Carmona
Elizabeth S. Carmona, Esq.
Kristopher S. Pre, Esq.
530 S. 6th St.
Las Vegas, NV 89101

By: /s/ Kelly H. Dove
Amy F. Sorenson, Esq.
Nevada Bar No. 12495
SNELL & WILMER L.L.P.
15 West South Temple, Suite 1200
Salt Lake City, UT 84101

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Attorneys for Plaintiff Peggy Thornton

Kelly H. Dove, Esq.
Nevada Bar No. 10569
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

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Attorneys for Defendant Apartment
Management Consultants, LLC

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ORDER

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IT IS SO ORDERED.

IT IS SO ORDERED

3:27 pm, April 10, 2023
DATED: this ____ day of April,DATED:
2023.

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UNITED
STATES MAGISTRATE JUDGE
BRENDA
WEKSLER
UNITED STATES MAGISTRATE JUDGE

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Case 2:21-cv-01123-APG-BNW Document 44
43 Filed 04/10/23
04/07/23 Page 4 of 4

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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 (18)

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

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true and correct copy of the foregoing STIPULATION AND ORDER TO EXTEND

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DEADLINE TO FILE RESPONSE TO 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.



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.



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.



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.



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
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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DATED April 7, 2023

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/s/ Debbie Shuta
An employee of SNELL & WILMER L.L.P.

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p4876-7253-3596

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