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Bank of America N.A. v. Operture Inc.

United States District Court, D. Nevada

May 23, 2018

BANK OF AMERICA, N.A., Plaintiff,
v.
OPERTURE INC., a corporation; BRIDGER INVESTMENT LLC, a Nevada limited liability company; GEORGE PETER LEE; ALESSI & KOENIG, LLC, a Nevada limited liability company; INDIGO HOMEOWNERS' ASSOCIATION, a Nevada non-profit corporation; and DOES I through X, and ROE CORPORATIONS I through X, inclusive, Defendants.

          WRIGHT, FINLAY & ZAK, LLP R. Samuel Ehlers, Esq. Nevada Bar No. 9313 Attorneys for Plaintiff, Bank of America, N.A.

          WRIGHT FINLAY & ZAK Aaron D Lancaster, Esq. Nevada Bar No. 10115 Plaintiff, Bank of America, N.A.

          LEACH JOHNSON SONG & GRUCHOW Sean L. Anderson, Esq. Nevada Bar No. 7259 T. Chase Pittsenbarger, Esq. Nevada Bar No. 13740 Attorneys for Defendant Indigo Homeowners' Association

          SCHWARTZ FLANSBURG Andrew P. Dunning, Esq. Attorneys for Defendant George Peter Lee

          STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES (FIRST REQUEST)

         Pursuant to Local Rules 6-1 and 26-4, Plaintiff, BANK OF AMERICA, N.A. (“BANA”), through its counsel of record, Aaron D. Lancaster, Esq., GEORGE PETER LEE (“Mr. Lee”), through its counsel of record, Andrew P. Dunning, Esq. and INDIGO HOMEOWNERS ASSOCIATION (“HOA”), through its counsel of record T. Chase Pittsenbarger, Esq., submit this Stipulation and Order to extend discovery by one hundred and eighty (180) days. This is the parties' first request for an extension.

         A. INTRODUCTION

         This dispute arises out of Plaintiff's complaint, which asks the Court for a determination and declaration: (1) quiet title/declaratory relief of the subject property, (2) injunctive relief, (3) Unjust enrichment, (4) wrongful foreclosure, (5) negligence, (6) negligence per se, (7) breach of contract, (8) misrepresentation, and (9) tortious interference of contract.

         In this matter an Order Granting Motion for Default Judgment [ECF No. 45] was entered on February 7, 2018, against Defendants George Peter Lee and Bridger Investment LLC. After the entry of the Order Granting Motion for Default Judgment counsel made an appearance on behalf of the Defendant George Peter Lee [ECF No. 46]. On March 28, 2018, the Court entered a Stipulation and Order Limited Stay as to Claims Asserted Against Indigo Homeowners' Association [ECF No. 53].

         The parties have filed a Stipulation and Order to: (1) Set Aside Clerk's Default; and (2) Vacate Default Judgment Against Defendant George Peter Lee [ECF No. 58]. Further, the parties have requested the Stipulation and Order Limited Stay as to Claims Asserted Against Indigo Homeowners' Association [ECF No. 53] be lifted and set aside. Now, the parties stipulate to an extension of discovery by one hundred and eighty (180) days.

         B. STATEMENT SPECIFYING THE DISCOVERY COMPLETED.

         On November 21, 2017, the Court entered a Scheduling Order which set the following deadlines:

(a) Discovery Cut Off: 3/28/2018
(b) Last day to file motions to amend pleadings or add ...

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