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Bank of America, N.A. v. Bailey

United States District Court, D. Nevada

September 18, 2017

BANK OF AMERICA, N.A. Plaintiff,
v.
SAMUEL R. BAILEY, an individual; PETE G. AGUILAR, an individual; and DOES 1 through 10, inclusive, Defendants. SAMUEL R. BAILEY, Defendant/Counterclaimant,
v.
BANK OF AMERICA, N.A, WESTCOR LAND TITLE INSURANCE COMPANY, a Florida corporation; and NEVADA TITLE COMPANY, a Nevada Corporation; Counterdefendants.

          HOLLEY DRIGGS WALCH FINE WRAY PUZEY & THOMPSON BY GLENN F. MEIER, ESQ. RACHEL E. DONN, ESQ. ATTORNEYS FOR PLAINTIFF-COUNTER DEFENDANT BANK OF AMERICA, N.A.

          SCHWARTS FLANSBURG PLLC BY FRANK M. FLANSBURG, ESQ. ATTORNEYS FOR DEFENDANT/COUNTER CLAIMANT SAMUEL R. BAILEY

          STIPULATION AND (PROPOSED) ORDER TO EXTEND DEADLINE TO FILE PRETRIAL ORDER

         Plaintiff/Counterdefendant, Bank of America, N.A. (hereinafter “BANA” or “Plaintiff”), by and through its counsel of record, Rachel E. Donn, Esq. of HOLLEY DRIGGS WALCH FINE WRAY PUZEY & THOMPSON and Defendant/Counterclaimant SAMUEL R. BAILEY (hereinafter “Bailey” or “Defendant”), by and through his counsel of record, Frank M. Flansburg, III, Esq. of SCHWARTZ FLANSBURG PLLC hereby agree and stipulate to extend the deadline to file the Pretrial Order which is currently due on July 21, 2017 as follows:

         Based on the following, the parties hereto respectfully request an extension to file the Pretrial Order 30 days after ruling on Plaintiff BANA's Motion to Bifurcate Trial (ECF No. 77) filed on July 19, 2017, as follows:

         1. The Parties stipulated to new deadlines on August 5, 2016 (ECF No. 64).

         2. Thereafter, the Parties attended a Mediation at which some of the claims were resolved.

         3. Between Plaintiff/Counterdefendant BANA and Defendant/Counterclaimant Bailey, the case was not resolved.

         4. Following the Mediation, Defendant/Counterclaimant Bailey took the deposition of the 30(b)(6) designee for Plaintiff/Counterdefendant BANA. The date for the 30(b)(6) deposition had been set prior to Mediation and was set forth and contemplated in the August 5, 2016 discovery stipulation (EFC No. 64).

         5. The Parties are working together to determine whether any additional discovery may be produced following the deposition and may lead to a potential discovery motion.

         6. Because the deposition transcript was received on October 6, 2016, the Parties have agreed to extend the time for which to file discovery motions. This extension will change the deadline for discovery motions from October 7, 2016 to October 14, 2016.

         7. Plaintiff/Counterdefendant BANA filed a Motion for Summary Judgment on October 14, 2016 (ECF No. 68).

         8. Defendant/Counterclaimant Bailey filed a Motion for Summary Judgment on October 31, 2016 (ECF No. 70).

         9. On June 22, 2017, the Court granted in part and denied in part Plaintiff/Counterdefendant BANA's Motion for Summary Judgment (ECF No. 76).

         10. On June 22, 2017, the Court denied Defendant/Counterclaimant Bailey's Motion ...


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