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CitiMortgage, Inc. v. Tierra De Las Palmas Owners Association, 2:16-cv-00610-JCM-CWH. (2018)

Court: District Court, D. Nevada Number: infdco20180710c35 Visitors: 23
Filed: Jul. 09, 2018
Latest Update: Jul. 09, 2018
Summary: SECOND AGREED MOTION TO CONTINUE TRIAL JAMES C. MAHAN , District Judge . This court continued calendar call to July 11, 2018 and trial to July 16, 2018 after the parties requested a 60-day continuance to allow time to finalize their settlement. ( See Order, ECF No. 56, at 1-3.) The parties have made progress towards completing the settlement over the past 60 days, but they still have outstanding obligations under the agreement before they can file a stipulation and proposed final judgment.
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SECOND AGREED MOTION TO CONTINUE TRIAL

This court continued calendar call to July 11, 2018 and trial to July 16, 2018 after the parties requested a 60-day continuance to allow time to finalize their settlement. (See Order, ECF No. 56, at 1-3.) The parties have made progress towards completing the settlement over the past 60 days, but they still have outstanding obligations under the agreement before they can file a stipulation and proposed final judgment. CitiMortgage, Inc., Tierra de las Palmas Owners Association, Absolute Collection Services, LLC, and Ricardo Fojas move the court to vacate the July 11, 2018 calendar call and July 16, 2018 trial setting and continue them for another 60 days to allow them time to complete the settlement and file the stipulation of dismissal.

ARGUMENTS AND AUTHORITIES

There is good cause to continue the July 16, 2018 trial. The parties reached a settlement and have made a good faith effort to finalize the settlement's terms and complete their obligations under it. (See ECF No. 52.) Since the last continuance, the parties finalized the terms of the long-form agreement, and each party has executed it. Settlement payments must be exchanged by July 30, and the parties must file their stipulation and proposed final judgment within 10 business days of delivering the settlement payment. The parties thus anticipate filing the proposed final judgment by mid-August.

As reflected by the below signatures of their respective attorneys, CitiMortgage, Tierra de las Palmas Owners Association, and Absolute Collection Services, LLC along with Ricardo Fojas consent to the requested continuance. Good cause exists to continue trial as the parties are in the process of finalizing their obligations under the settlement they reached. A continuance will allow the parties to realize their settlement and ensure an efficient use of their and the court's resources.

CONCLUSION

CitiMortgage, Inc., Tierra de las Palmas Owners Association, Absolute Collection Services, LLC, and Ricardo Fojas respectfully request the court vacate the July 11, 2018 calendar call and the July 16, 2018 trial setting and reset the calendar call and trial for at least 60 days.

ORDER

IT IS SO ORDERED:

Good cause appearing, it is ordered the July 11, 2018 calendar call and the July 16, 2018 trial setting are hereby vacated. It is further ordered trial is continued to September 24, 2018 at 9:00 a.m., in courtroom 6A, and that calendar call is hereby continued to September 19, 2018 at 1:30 p.m., in courtroom 6A.

Source:  Leagle

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