Leverty & Associates Law Chtd. v. Exley

Filing 83

ORDER denying 82 motion to continue hearing. Signed by Magistrate Judge Valerie P. Cooke on 2/14/2018. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LEVERTY & ASSOCIATES LAW )
CHTD.,
)
)
Plaintiff,
)
)
vs.
)
)
RAY WARREN EXLEY,
)
)
Defendant.
)
_____________________________ )
PRESENT:

3:17-CV-0175-MMD (VPC)

MINUTES OF THE COURT
February 14, 2018

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Defendants’ motion to continue hearing (ECF No. 82) is DENIED. A settlement
conference was held in this matter on July 27, 2017 (ECF No. 46). Since that time, the parties
have been at odds over the finalization of the settlement and a motion to enforce settlement was
filed on November 9, 2017 (ECF No. 55). On January 23, 2018, a motion hearing was set after
consultation with both parties for February 21, 2018 at 10:00 a.m. (ECF No. 80). The court has
ordered both Dr. Exley and Juliana Loza-Exley to appear via telephone for the entirety of this
hearing (ECF No. 81). Ms. Loza-Exley has now filed a motion seeking a continuance of this
hearing because she will be in France at this time and it will be inconvenient for her to call in at
10:00 am Pacific time which is 7:00 pm in France.
The motion to enforce settlement will be heard by this court on February 21, 2018 at
10:00 a.m. (Pacific Time) (ECF No. 80). Ray Warren Exley and Juliana Loza-Exley are ordered
to appear either in person or telephonically for the entirety of the hearing. If Dr. Exley fails to
appear, the court may consider the motion to enforce settlement unopposed and grant the motion
in its entirety. Juliana Loza-Exley is hereby notified that the court is considering a referral to the
State Bar of Nevada for practicing law without a license in this case. If either party fails to
appear, both Dr. Exley and Juliana Loza-Exley are notified that they may be subject to sanctions
in this matter for failure to follow court a court order pursuant to Local Rule IA 11-8 and under
28 U.S.C. § 1927 and the inherent power of the court.
IT IS SO ORDERED.

DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk