Filed: Oct. 29, 2019
Latest Update: Oct. 29, 2019
Summary: ORDER ANDREW P. GORDON , District Judge . JOINT MOTION TO EXTEND TIME TO COMPLY WITH ORDER [ECF #124] (First Request) COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and Defendants, SHIRLEY C. YFANTIS, CRYSTALIA L. YFANTIS, EVERGREEN MONEYSOURCE MORTGAGE COMPANY, WELLS FARGO BANK, N.A. and SECRETARY OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, by and through their undersigned counsel, and hereby move this Court for an extension of time in which to hold the telephonic meet a
Summary: ORDER ANDREW P. GORDON , District Judge . JOINT MOTION TO EXTEND TIME TO COMPLY WITH ORDER [ECF #124] (First Request) COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and Defendants, SHIRLEY C. YFANTIS, CRYSTALIA L. YFANTIS, EVERGREEN MONEYSOURCE MORTGAGE COMPANY, WELLS FARGO BANK, N.A. and SECRETARY OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, by and through their undersigned counsel, and hereby move this Court for an extension of time in which to hold the telephonic meet an..
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ORDER
ANDREW P. GORDON, District Judge.
JOINT MOTION TO EXTEND TIME TO COMPLY WITH ORDER [ECF #124]
(First Request)
COMES NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and Defendants, SHIRLEY C. YFANTIS, CRYSTALIA L. YFANTIS, EVERGREEN MONEYSOURCE MORTGAGE COMPANY, WELLS FARGO BANK, N.A. and SECRETARY OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, by and through their undersigned counsel, and hereby move this Court for an extension of time in which to hold the telephonic meet and confer and to file the proposed scheduling order as directed by this Court's Order Granting Motion to Lift Stay [ECF #124], stating as follows:
1. On August 21, 2019, this Court entered the subject Order, lifting the previously entered stay of this matter and directing that the parties hold a meet and confer within 60 days, on or before October 21, 2019, and thereafter file a proposed scheduling order within 10 days.
2. On August 27, 2019, Magistrate Judge Albregts entered an Order Setting Settlement Conference [ECF #127], scheduling a settlement conference to take place on November 6, 2019.
3. As a result of a variety of reasons, the parties have not yet held the meet and confer ordered by the court. Among these reasons are: (1) a desire to attempt to resolve the matter at a minimum of cost; (2) the number of attorneys and client representatives involved; and (3) numerous other pending obligations.
4. The parties have engaged in settlement discussions in advance of the settlement conference pursuant to the Magistrate Judge's Order dated August 27, 2019, but to date have been unable to reach an amicable resolution.
5. At the time of the settlement conference on November 6, 2019, the parties will be discussing the matters to be addressed pursuant to the meet and confer in great detail. If the matter is amicably resolved, there will be no need for a discovery plan and scheduling order. As a result, the parties respectfully request that they be allowed to meet and confer in advance of and at the time of the settlement conference and that they thereafter be granted an additional period of time until November 13, 2019, in which to file a proposed discovery plan and scheduling order pursuant to this Court's Order if the need for the same is not rendered moot by the settlement conference.
6. This Motion is made in good faith and not for purpose of delay.
Dated this 21st day of October, 2019.
ROGER P. CROTEAU &
ASSOCIATES, LTD. SNELL & WILMER LLP
/s/ Timothy E. Rhoda /s/ Bradley T. Austin
TIMOTHY E. RHODA, ESQ. JOHN S DELIKANAKIS, ESQ.
Nevada Bar No. 7878 Nevada Bar No. 5928
9120 West Post Road, Suite 100 BRADLEY T. AUSTIN, ESQ.
Las Vegas, Nevada 89148 Nevada Bar No. 13064
(702) 254-7775 3883 Howard Hughes Parkway
croteaulaw@croteaulaw.com 11th Floor
Attorney for Plaintiff Las Vegas, NV 89109
Las Vegas Development Group, LLC (702) 784-5200
(702) 784-5252 (fax)
UNITED STATES ATTORNEY jdelikanakis@swlaw.com
baustin@swlaw.com
Attorney for Defendant
Wells Fargo Bank, N.A.
/s/ Troy K. Flake
TROY K. FLAKE, ESQ. MARQUIS AURBACH COFFING
United States Attorney
333 Las Vegas Blvd So., Ste. 5000
Las Vegas, NV 89101-702-388-6336
/s/ Christian T. Balducci
702-388-6787 (fax) CHRISTIAN T BALDUCCI, ESQ.
troy.flake@usdoj.gov Nevada Bar No. 12688
Attorney for Defendant 10001 Park Run Ave
Secretary of the Department of Las Vegas, NV 89145
Housing and Urban Development 702-382-0711
702-856-8971 (fax)
ctb@maclaw.com
Attorney for Defendants
Evergreen Moneysource Mortgage
Company, Crystalia L Y. Yfantis,
and Shirley C. Yfantis
IT IS SO ORDERED.