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RH Kids, LLC v. Fielden

United States District Court, D. Nevada

December 18, 2017

RH KIDS LLC, Plaintiff,
v.
PATSY S. FIELDEN; HOWARD D. FIELDEN; GREEN TREE SERVICING, LLC; and DOES 1 through 10, inclusive; ROE CORPORATIONS 1 through 10, inclusive, Defendants.

          BRIGETTE E. FOLEY, ESQ., WOLFE & WYMAN LLP., Attorneys for Defendants DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING LLC.

          MICHAEL N. BEEDE, ESQ., THE LAW OFFICE OF MIKE BEEDE, PLLC, Attorneys for Plaintiff RH Kids, LLC.

          STIPULATION AND ORDER TO EXTEND REMAINING BRIEFING DEADLINES ON ALL PENDING MOTIONS

         Plaintiff RH KIDS LLC (“RH KIDS”), and Defendant DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING LLC (“Ditech”) (collectively, the “Parties”), by and through their counsel of record, hereby stipulate and agree to the following:

         On October 26, 2017, Ditech filed Motions to stay all discovery (ECF No. 27), and to set a briefing schedule for dispositive motions (ECF No. 28). On November 14, 2017, RH KIDS filed a Motion to remand this action to the Nevada State District Court (ECF No. 30). On November 16, 2017, RH KIDS filed its Responses to Ditech's Motions (Motions to stay all discovery (ECF No. 27), and to set a briefing schedule for dispositive motions (ECF No. 28). See ECF Nos. 31 and 32. On November 22, 2017, the Parties filed a Stipulation to extend the remaining briefing schedule on all three pending Motions (ECF Nos. 27, 28 and 30), which the Court granted. See ECF Nos. 33 and 34. During the Thanksgiving Holiday, counsel for Ditech fell ill, which kept her out of the office and unable to work the entire following week. Accordingly, counsel for RH KIDS graciously granted Ditech an additional telephonic extension to file its Response to RH KIDS' pending Motion to Remand (ECF No. 30) to the end of this week.

         Over the past several days, counsel for Ditech and RH KIDS have engaged in several discussions about potential resolutions of the issues brought in all of the pending Motions (ECF Nos. 27, 28 and 30), and this action altogether. Accordingly, in the interest of conserving judicial and party resources, and specifically to facilitate these ongoing discussions, the Parties have agreed to further extend the remaining briefing deadlines, and respectfully request that the Court refrain from issuing any decisions on the pending Motions prior to submission of all remaining briefing in accordance with this proposed amended briefing schedule, as follows:

• The deadline for Ditech to file its Response to RH KIDS' Motion to Remand (ECF No. 30), shall be extended to Friday, January 19, 2018;
• The deadline for Ditech to file its Replies in support of its Motions to stay all discovery (ECF No. 27), and to set a briefing schedule for dispositive motions (ECF No. 28) shall be extended to Friday, February 2, 2018;
• The deadline for RH KIDS to file its Reply in support of its Motion to Remand (ECF No. 30) also shall be extended to Friday, February 2, 2018; and finally
• The Parties shall file a status report with the Court no later than Friday, January 12, 2018, to advise the Court of the status of their discussions toward resolution if no resolution has been reached, as well as their intent to move forward with the final briefing and submission of the Motions pending before this Court (ECF Nos. 27, 28 and 30).

         This is the Parties' second request to extend the remaining briefing schedules to the Motions referenced herein.

         This stipulation is not intended to cause any delay or prejudice to any party. In fact, this stipulation is sought to further facilitate the Parties' ongoing resolution discussions, which would promote judicial and party economy by potentially simplifying, or even resolving, the issues before the Court.

         ORDER

         IT IS HEREBY ORDERED that the deadline for Ditech to file its Response to RH KIDS' Motion to Remand (ECF No. 30), shall be extended to Friday, January 19, 2018;

         IT IS FURTHER ORDERED that the deadline for Ditech to file its Replies in support of its Motions to stay all discovery (ECF No. 27), and to set a briefing schedule for dispositive motions ...


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