Robert A. Slovak vs Golf Course Villas Homeowners Association, et al

Filing 350

ORDER- The emergency motion to continue hearing, (ECF No. 341 ), is GRANTED. The Court's minute order, (ECF No. 349 ), is hereby VACATED. Slovak shall have until August 23, 2021 to file an opposition to Wells Fargo' s motion to exclude witnesses. (ECF No. 338 .) Wells Fargo shall file a reply no later than August 30, 2021. No extensions of time to file either document will be granted for any reason. Both parties are ordered to email any document(s) and accompanying attachments and/or exhibits that are electronically filed via CM/ECF in this case directly to their opposing counsel between now and the rescheduled hearing date to ensure that all documents are received by the opposing party. The in-pe rson evidentiary is hearing is set for October 14 & 15, 2021. If there are any conflicts with this date, the parties shall contact the Courtroom Deputy, Lisa Mann, at 775-686-5653 on or before August 23, 2021. Signed by Magistrate Judge Carla Baldwin on 8/17/2021. (Copies have been distributed pursuant to the NEF - SMR)

Case 3:13-cv-00569-MMD-CLB Document 350 Filed 08/17/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT SLOVAK,

Case No. 3:13-CV-0569-MMD-CLB

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Plaintiff,

ORDER GRANTING EMERGENCY
MOTION TO CONTINUE HEARING

v.
[ECF No. 341]

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GOLF COURSE VILLAS
HOMEOWNERS’ ASSOCIATION, et al.,

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Defendants.
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Before the Court is Plaintiff Robert Slovak’s (“Slovak”) emergency motion to continue

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evidentiary hearing. (ECF No. 341.) Wells Fargo Bank, N.A. (“Wells Fargo”) responded

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to the motion. (ECF No. 345.)

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The Court has thoroughly reviewed the motion to extend time, (ECF No. 341), and

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has conducted its own research related to the alleged claims that documents filed on the

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Court’s Case Management Electronic Filing System (“CM/ECF”) system were not

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properly served upon counsel at the time of filing. Based on the Court’s review, it appears

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that due to technical issues with CM/ECF, the motion to exclude witnesses, (ECF No.

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338), may not have been properly served by CM/ECF at the time of filing. It also appears

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that similar issues may have affected Wells Fargo’s ability to access documents filed by

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Slovak. Moreover, upon further review, the Court finds that it would be impossible for it to

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properly consider and thoroughly review Wells Fargo’s motion to exclude in time to

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provide both parties and their witnesses sufficient notice to make (or cancel) necessary

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travel arrangements given the lateness of the filings and scheduled time for the upcoming

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evidentiary hearing.

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Therefore, in light of the above, the Court finds it must continue the currently
scheduled evidentiary hearing.

Case 3:13-cv-00569-MMD-CLB Document 350 Filed 08/17/21 Page 2 of 2

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Therefore, the Court orders as follows:
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The emergency motion to continue hearing, (ECF No. 341), is GRANTED.

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The Court’s minute order, (ECF No. 349), is hereby VACATED.

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Slovak shall have until August 23, 2021 to file an opposition to Wells

Fargo’s motion to exclude witnesses. (ECF No. 338.) Wells Fargo shall file a reply no
later than August 30, 2021. No extensions of time to file either document will be granted
for any reason.
4.

Both parties are ordered to email any document(s) and accompanying

attachments and/or exhibits that are electronically filed via CM/ECF in this case directly

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to their opposing counsel between now and the rescheduled hearing date to ensure that
all documents are received by the opposing party.
5.

The in-person evidentiary is hearing is set for October 14 & 15, 2021. If

there are any conflicts with this date, the parties shall contact the Courtroom Deputy, Lisa
Mann, at 775-686-5653 on or before August 23, 2021.

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August 17, 2021
DATED: ______________.

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UNITED STATES MAGISTRATE JUDGE

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