Deutsche Bank National Trust Company v. Garner et al

Filing 50

ORDER approving ECF No. 49 Stipulation. Proposed Joint Pretrial Order or Notice of Settlement due by 1/27/2020. Signed by Judge Larry R. Hicks on 10/29/2019. (Copies have been distributed pursuant to the NEF - KR)

Case 3:17-cv-00072-LRH-WGC Document 49 Filed 10/28/19 Page 1 of 4

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

The Kidder Law Group, LTD.
Karlon J. Kidder, Esq.
State Bar #11622
620 N. Rock Blvd.
Sparks, Nevada 89431
[phone]
[phone] (f)
[e-mail]
Attorneys for Defendants Lemmie Garner
and Susan Carlile
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Counterclaimant,
)
Vs.
)
)
DEUTCHE BANK NATIONAL TRUST
)
)
COMPANY, AS TRUSTEE FOR NEW
CENTURY HOME EQUITY LOAN TRUST )
)
SERIES 2005-C, ASSET BACKED PASS
)
THROUGH CERTIFICATES
Counter-Defendant.
DEUTCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR NEW
CENTURY HOME EQUITY LOAN TRUST
SERIES 2005-C, ASSET BACKED PASS
THROUGH CERTIFICATES,
Plaintiffs,
vs.
LEMMIE GARNER; SUSAN CARLILE; and
WOODLAND VILLAGE HOMEOWNERS
ASSOCIATION,
Defendants.
_____________________________________
LEMMIE GARNER; SUSAN CARLILE,

Case No.: 3:17-CV-00072-LRH-WGC

STIPULATION AND ORDER TO
EXTEND TIME TO FILE PRETRIAL
ORDER
(SECOND REQUEST)

COMES NOW Defendants/Counter-claimants, LEMMIE GARNER and SUSAN CARLILE,

25

by and through their attorney KARLON J. KIDDER, ESQ., of The Kidder Law Group, LTD., a

26

Nevada Professional Corporation, and Plaintiff/counter-defendant, DEUTSCHE BANK

27

NATIONAL TRUST COMPANY AS TRUSTEE FOR NEW CENTURY HOME EQUITY

28

LOAN TRUST SERIES 2005-C, ASSET BACKED PASS THROUGH CERTIFICATES, by

1

Case 3:17-cv-00072-LRH-WGC Document 49 Filed 10/28/19 Page 2 of 4

1

and through their attorney, R. SAMUEL EHLERS, ESQ. of Wright, Finley & Zak, LLP and

2

hereby in good faith and for the reasons set forth below submit the following Stipulation and

3

Order to Extend time to file the Pretrial Order as order by the court on August 27, 2019.

4

I.

REASONS THAT PRETRIAL ORDER WAS NOT FILED TIMELY
There remains one cause of action in this matter that was not adjudicated by summary

5
6

judgment, that being Counter-claimant’s cause of action against Plaintiff for unjust enrichment.

7

The parties are now involved in numerous, similar cases. Both attorneys stipulating to this

8

extension have replaced former counsel recently and have picked up settlement discussions. The

9

parties believe that there is a strong possibility of settlement

10

The parties met and conferred and determined that they would need to extend the

11

deadline for an additional ninety (90) days in order to entertain the possibility of a settlement as

12

well as fully prepare the pre-trial order. The parties now submit this stipulation and order

13

requesting an additional ninety days in which to file a notice of settlement or pre-trial order.

14

II.

15

CERTIFICATE OF CONFERENCE
Counsel for the parties have conferred via e-mail and phone calls on these issues.

16

Counsel for the parties have signed below, thereby indicating their approval of the instant

17

Stipulation to Extend time to file the pre-trial order and do not request a conference before the

18

Court prior to entry of a new Scheduling Order.

19
20

DATED this 28th day of October, 2019.

DATED this 28th day of October, 2019.

21

WRIGHT, FINLAY & ZAK, LLP

THE KIDDER LAW GROUP, LTD.

__/s/ R. SAMUEL EHLERS___________
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
7785 W. Sahara Ave, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, Deutsche Bank

_/s. KARLON J. KIDDER___________
Karlon J. Kidder, Esq.
Nevada Bar No. 11622
620 N. Rock Blvd.
Sparks, Nevada 89431
Attorneys for Defendants, Lemmie Garner,
Susan Carlile

22
23
24
25
26
27
28

SEE NEXT PAGE FOR ORDER

2

Case 3:17-cv-00072-LRH-WGC Document 49 Filed 10/28/19 Page 3 of 4

1

ORDER

2
3
4
5
6
7

Pursuant to the foregoing Stipulation of the Parties:
IT IS HEREBY ORDERED. The deadline to file pre-trial order or notice of settlement
will be extended as agreedbeforethe parties herein. 27, 2020.
to on or to by Monday, January
IT IS SO ORDERED.
DATED this 29th day of October, 2019., 2019.

8
9
10

LARRY STATES
UNITED R. HICKSDISTRICT JUDGE
UNITED STATES DISTRICT JUDGE
Respectfully Submitted by:

11

THE KIDDER LAW GROUP, LTD.
12
13
14
15
16
17

/s/ KARLON J. KIDDER
Karlon J. Kidder, Esq.
Nevada Bar No. 11622
620 N. Rock Blvd.
Sparks, Nevada 89431
Attorneys for Defendants, Lemmie Garner
Susan Carlile

18
19
20
21
22
23
24
25
26
27
28

3