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Arthur Gregory Lundeen IV v. Bank of New York Mellon Corp.

United States District Court, D. Nevada

April 26, 2018

ARTHUR GREGORY LUNDEEN IV and AUDRA MARIE LUNDEEN, Plaintiffs,
v.
THE BANK OF NEW YORK MELLON CORPORATION AKA THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006- 40T1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-40T1; DOES I- X; and ROES 1-10, inclusive, Defendants.

          AKERMAN LLP JAMIE K. COMBS, ESQ. ATTORNEYS FOR BANK OF AMERICA, N.A.

          MOTION TO EXTEND DISPOSITIVE MOTION AND JOINT PRETRIAL ORDER DEADLINE.

         MEMORANDUM OF POINTS AND AUTHORITIES

         Pursuant to the current scheduling order, ECF No. 19, the deadline to file dispositive motions is April 25, 2018. BoNYM requests this deadline be postponed by 60 days to allow it to consider a currently pending settlement offer. The parties orally agreed to postpone the deadlines, and intended to submit a stipulation to that effect. See Decl. of Jamie K. Combs, attached as Exhibit A. However, because undersigned counsel has not yet obtained written confirmation of Plaintiff's counsel to e-sign and file the stipulation, she files this motion out of an abundance of caution. Id.

         A. Procedural History

         Plaintiffs filed the underlying complaint in the Eighth Judicial District Court on or about May 9, 2017. Plaintiffs subsequently filed an amended complaint, and served BoNYM on June 22, 2017. BoNYM filed a Petition for removal on July 20, 2017. ECF No. 1. BoNYM filed a motion to dismiss on September 25, 2018. ECF No. 12. The motion to dismiss is fully briefed and pending decision. The parties filed a proposed discovery plan/scheduling order on January 16, 2018, which was approved on January 19, 2018. ECF Nos. 19, 20. Per the order, the dispositive motion deadline expires on April 25, 2018.

         B. Good Cause to Extend Deadlines

         Counsel for the parties met in person to discuss settlement on March 6, 2018, during which time a settlement offer was conveyed to BoNYM. At this meeting, counsel for the parties orally agreed to postpone the upcoming deadlines during the settlement negotiations, and intended to submit a stipulation to that effect. The following week, on March 13, 2018, the parties agreed to allow an appraisal to be done to assist with the settlement negotiations. The parties are currently awaiting the completion of the appraisal.

         Counsel for BoNYM prepared and sent Plaintiffs' counsel a stipulation to extend deadlines on March 21, 2018 via e-mail. A follow-up e-mail was sent on March 26, 2018, and on April 9, 2018. Shortly thereafter, counsel for BoNYM spoke to Plaintiffs' counsel's assistant on the phone, who indicated the stipulation had been mailed. BoNYM's counsel has not yet received the signed stipulation and order, and was unable to reach Plaintiffs' counsel to obtain approval to e-sign the stipulation. The parties wish to avoid the expense of dispositive motion briefing in the event they are able to reach settlement.

         In addition, BoNYM has a motion to dismiss fully briefed and pending. ECF No. 12, 17. Extension of the dispositive motion deadline would allow additional time for an order to be entered on the motion to dismiss before the parties prepare additional briefing, which could be unnecessary depending on the result of the motion to dismiss.

         BoNYM's requested extension would place the new deadlines as follows:

Dispositive Motion Deadline: June 25, 2018.
Joint Pre-Trial Order Deadline: July 25, 2018.

         This motion is not intended for the purpose of delay or to prejudice any party, but to allow the parties to finish settlement discussions ...


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