United States District Court, D. Nevada
AKERMAN LLP JAMIE K. COMBS, ESQ. ATTORNEYS FOR BANK OF
MOTION TO EXTEND DISPOSITIVE MOTION AND JOINT
PRETRIAL ORDER DEADLINE.
OF POINTS AND AUTHORITIES
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.
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.
Good Cause to Extend Deadlines
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.
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.
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.
requested extension would place the new deadlines as follows:
Dispositive Motion Deadline: June 25, 2018.
Joint Pre-Trial Order Deadline: July 25, 2018.
motion is not intended for the purpose of delay or to
prejudice any party, but to allow the parties to finish
settlement discussions ...