Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO MOTIONS FOR SUMMARY JUDGMENT RICHARD F. BOULWARE, II , District Judge . (First Request) COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and Defendants, MTC FINANCIAL, INC. (" MTC "); BANK OF AMERICA, N.A. ( "BANA" ) and FEDERAL HOME LOAN MORTGAGE CORPORATION ( "Freddie Mac" ); and COLFIN AI-NV 2, LLC ( "Colfin" ), by and through their undersigned counsel, and hereby stipulate and agree as follows: 1. On April 8, 2019, the Court en
Summary: STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO MOTIONS FOR SUMMARY JUDGMENT RICHARD F. BOULWARE, II , District Judge . (First Request) COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and Defendants, MTC FINANCIAL, INC. (" MTC "); BANK OF AMERICA, N.A. ( "BANA" ) and FEDERAL HOME LOAN MORTGAGE CORPORATION ( "Freddie Mac" ); and COLFIN AI-NV 2, LLC ( "Colfin" ), by and through their undersigned counsel, and hereby stipulate and agree as follows: 1. On April 8, 2019, the Court ent..
More
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO MOTIONS FOR SUMMARY JUDGMENT
RICHARD F. BOULWARE, II, District Judge.
(First Request)
COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and Defendants, MTC FINANCIAL, INC. ("MTC"); BANK OF AMERICA, N.A. ("BANA") and FEDERAL HOME LOAN MORTGAGE CORPORATION ("Freddie Mac"); and COLFIN AI-NV 2, LLC ("Colfin"), by and through their undersigned counsel, and hereby stipulate and agree as follows:
1. On April 8, 2019, the Court entered a minute order setting deadlines to complete outstanding discovery and submit, respond and reply to dispositive motions. [ECF #136]. Pursuant to this minute order, Motions for Summary Judgment were to be filed on or before May 13, 2019; Responses were to be filed on or before May 22 2019; and Replies were to be filed on or before May 29, 2019. The Court further stated that it would not entertain motions to extend or continue the deadlines absent extraordinary circumstances.
2. On May 13, 2019, MTC filed a Motion for Summary Judgment. [ECF #139].
3. On May 13, 2019, BANA and Freddie Mac filed a Motion for Summary Judgment. [ECF #140].
4. On May 14, 2019, MTC filed a Joinder to BANA and Freddie Mac's Motion for Summary Judgment. [ECF #141].
5. On May 14, 2019, Colfin filed a Joinder to BANA and Freddie Mac's Motion for Summary Judgment. [ECF #142].
6. When Plaintiff's counsel received the subject Motions for Summary Judgment, its staff did not note the shortened briefing schedule set forth in this Court's prior Minute Order. As a result, the deadline to respond to the Motions was calendared for June 3, 2019 — 21 days from receipt of the Motions — rather than May 22, 2019, as directed in the Court's Minute Order.
7. Upon discovering its error, Plaintiff's counsel has requested an extension of time until June 7, 2019, in which to respond to the subject Motions.
8. Plaintiff's counsel respectfully submits that the requested extension is warranted for a variety of reasons: (1) the calendaring error and resulting failure to timely file the Responses was the result of excusable neglect; (2) this Court and other courts have recently lifted stays and imposed briefing schedules in many cases to which Plaintiff's counsel is a party and the resulting overlapping deadlines, together with counsel's other work and personal obligations have made it extremely difficult for counsel to timely meet the shortened, concurrent deadlines; (3) the number, length and scope of the Motions and the complexity of the arguments contained therein; and finally, (4) the parties have commenced settlement discussions in an effort to resolve this matter without the need for further litigation.
9. The requested extension is slightly longer than may be necessary because the parties hope to reach an amicable resolution and render the need for further briefing moot.
10. In the event that Responses are filed, Defendants shall have until June 21, 2019, in which to file Replies. This extended time is requested because Defendants' counsel are in a similar situation to that of Plaintiff's counsel, with many stays having been lifted and deadlines being concurrently imposed.
11. This Stipulation is made in good faith and not for purpose of delay.
ROGER P. CROTEAU &
ASSOCIATES, LTD. AKERMAN LLP
/s/ Timothy E. Rhoda /s/ Tenesa S. Powell
TIMOTHY E. RHODA, ESQ. TENESA S. POWELL, ESQ.
Nevada Bar No. 7878 Nevada Bar No. 12488
9120 West Post Road, Suite 100 1635 Village Center Circle, Ste. 200
Las Vegas, Nevada 89148 Las Vegas, NV 89135
croteaulaw@croteaulaw.com tenesa.powell@akerman.com
Attorney for Plaintiff Attorney for Defendants
LAS VEGAS DEVELOPMENT GROUP, BANK OF AMERICA, N.A. AND
LLC FEDERAL HOME LOAN MORTGAGE
CORPORATION
BURKE, WILLIAMS & SORENSEN, LLP
HUTCHISON & STEFFEN, LLC
/s/Richard J. Reynolds
RICHARD J. REYNOLDS/s/ Todd W. Prall
1851 East First Street TODD W. PRALL, ESQ.
Suite 1550 Nevada Bar No. 9154
Santa Ana, CA 92705, CA 92705 10080 W. Alta Drive, Suite 200
949 863-3363 Las Vegas, NV 89145
949 863-3350 (fax) 702-385-2500
rreynolds@bwslaw.com tprall@hutchlegal.com
Attorney for Defendant
MICHAEL R. BROOKS, ESQ. COLFIN AI-NV 2, LLC
Nevada Bar No. 7287
400 S. Rampart Blvd., Suite 400
Las Vegas, NV 89145
mbrooks@klnevada.com
Attorney for Defendants
MTC FINANCIAL INC.
IT IS SO ORDERED.
