United States District Court, D. Nevada
DEAN KROGSTAD, on behalf of himself and all others similarly situated, Plaintiff,
LOAN PAYMENT ADMINISTRATION, LLC. and NATIONWIDE BIWEEKLY ADMINISTRATION, INC. Defendants, NATIONWIDE BIWEEKLY ADMINISTRATION, INC. Third-Party Plaintiff,
BMO HARRIS BANK, N.A. Third-Party Defendant.
Markovits, MARKOVITS, STOCK & DEMARCO, LLC.
RANDALL JONES, ESQ., MADISON P. ZORNES-VELA, KEMP JONES &
COULTHARD, LLP., Attorneys for Nationwide Biweekly
Administration, Inc., and Loan Payment Administration, LLC.
UNOPPOSED MOTION FOR LEAVE TO FILE DEFENDANT AND THIRD-PARTY
PLAINTIFF NATIONWIDE BIWEEKLY ADMINISTRATION, INC.'S
OPPOSITION TO THIRD PARTY DEFENDANT BMO HARRIS BANK,
N.A.'S MOTION TO COMPEL ARBITRATION AND DISMISS
THIRD-PARTY COMPLAINT IN EXCESS OF TIME LIMITS
to Rule 6(b)(1)(B) of the Federal Rules of Civil Procedure
and Local Rule IA 6-2, and for the reasons set forth in its
accompanying Memorandum, Defendant and Third-Party Plaintiff
Nationwide Biweekly Administration, Inc. (“NBA”)
hereby seeks leave of Court to file its Memorandum in
Opposition to Third Party Defendant BMO Harris Bank,
N.A.'s (“BMO's”) Motion to Compel
Arbitration and Dismiss Third-Party Complaint, submitted
concurrently herewith as Exhibit B, in
excess of the Local Rule time limits.
for NBA has conferred with counsel for BMO, and BMO does not
oppose the relief requested herein.
submitted, J. RANDALL JONES, ESQ., Nevada Bar No.: 001927,
MADISON P. ZORNES-VELA, Nevada Bar No.: 013626, KEMP JONES
& COULTHARD, LLP. Wells Fargo Tower, 17th Floor 3800
Howard Hughes Parkway Las Vegas, Nevada 89169 Tel: (702)
385-6000 Fax: (702) 385-6001 Email: email@example.com
Email: firstname.lastname@example.org and W.B. Markovits Ohio
Bar No.: 0018514 Christopher D. Stock Ohio Bar No.: 0075443
Markovits, Stock & DeMarco, LLC 119 East Court Street,
Suite 530 Cincinnati, OH 45202 Tel: (513) 651-3700 Fax: (513)
665-0219 email@example.com firstname.lastname@example.org
OF POINTS AND AUTHORITIES
finalizing the Memorandum in Opposition to BMO Harris
Bank's Motion to Compel Arbitration and Dismiss
Third-Party Complaint, counsel for Defendant and Third-Party
Plaintiff Nationwide Biweekly Administration, Inc.
(“NBA”) realized that the Memorandum in
Opposition was due January 26, 2017 and not, as they had
calendared it, on February 2, 2017.Counsel immediately contacted
local counsel, who had inadvertently left the deadline off
local counsel's scheduling calendar. Once counsel for
NBA realized that they had mistakenly calendared the
Memorandum in Opposition deadline a week late, they contacted
counsel for BMO and explained the situation. Counsel for BMO
(collegially and graciously) indicated that he understood the
situation and that his client would not oppose a motion for
leave along the lines requested herein. Counsel for NBA
is willing to stipulate to an additional seven days for BMO
to respond to the Memorandum in Opposition. Plaintiffs'
counsel has also indicted that Plaintiffs do not oppose this
for NBA recognizes and respects the District's local
rules; it would not intentionally flout them. As set forth
below, NBA hereby requests this Court to grant it leave to
file its Memorandum in Opposition, submitted as Exhibit B to
the accompanying Motion, to exceed the Local Rule time
6(b) of the Federal Rules of Civil Procedure permits a court
to extend deadlines, even after the time to act has expired,
if there is good cause and the party “failed to act
because of excusable neglect.” Fed.R.Civ.P. 6(b)(1)(B).
Excusable neglect is an equitable concept that considers
“all relevant circumstances” surrounding the
failure to act. Pioneer Inv. Servs. Co. v. Brunswick
Assocs., Ltd. P'ship,507 U.S. 380, 395, 113 S.Ct.
1489, 123 L.Ed.2d 74 (1993). Generally, “excusable
neglect” does not require counsel to have been
faultless, and “inadvertence, mistake, or
carelessness” can fall within the rule. Id. at
388; 4B CHARLES A. WRIGHT & ARTHUR R. MILLER, FEDERAL
PRACTICE AND PROCEDURE §1165 (4th ed. 2015). And rules
governing the enlargement of time, like all the Federal ...