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Bank of America, N.A. v. Bailey

United States District Court, D. Nevada

February 21, 2018

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.

          GLENN F. MEIER, ESQ. Nevada Bar No. 006059 RACHEL E. DONN, ESQ. Nevada Bar No. 10568 HOLLEY DRIGGS WALCH FINE WRAY PUZEY & THOMPSON Attorneys for Plaintiff/Counterdefendant BANK OF AMERICA, N.A.

          SCHWARTS FLANSBURG PLLC Frank M. Flansburg, Esq. Nevada Bar No. 6974 Attorneys for Defendant/Counterclaimant Samuel R. Bailey

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

         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 November 20, 2017, as follows:

         Based on the following, the parties hereto respectfully request a 90-day extension to file the Pretrial Order 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. Plaintiff/Counterdefendant BANA filed a Motion for Summary Judgment on October 14, 2016 (ECF No. 68).

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

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

         8. On June 22, 2017, the Court denied Defendant/Counterclaimant Bailey's Motion for Summary Judgment (ECF No. 76).

         9. On July 19, 2017, BANA filed a Motion to Bifurcate Trial (EFC No. 77).

         10. On August 2, 2017, Defendant/Counterclaimant Bailey filed a Response to ...


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