United States District Court, D. Nevada
Lawrence J. Semenza, III, Esq., Bar No. 7174 Christopher D.
Kircher, Esq., Bar No. 11176 Jarrod L. Rickard, Esq., Bar No.
10203 LAWRENCE J. SEMENZA, III, P.C. Kenneth B. Morgan, Esq.
(Pro Hac Vice Admitted) KENNETH B. MORGAN, P.C. Attorneys for
Defendant Meridian Private Residences CH, LLC
Michael N. Feder, Esq. DICKINSON WRIGHT PLLC Kenneth B.
Morgan, Esq. (Pro Hac Vice Admitted) KENNETH B. MORGAN, P.C.
Attorneys for Defendant Koval Flamingo, LLC
Michael R. Mushkin, Esq. MICHAEL R. MUSHKIN & ASSOCIATES
Attorneys for Plaintiffs
Kristina S. Holman, Esq. Attorneys for Defendant Rebekah
A. Carroll, Esq. Anthony J. DiRaimondo, Esq. RICE REUTHER
SULLIVAN & CARROLL, LLP Attorneys for American Invsco
Corporation, Nicholas Gouletas & Condominium Rental
JOINT RULE 6(b)(1) MOTION FOR EXTENSION OF TIME
PROVIDED BY LR 54-14 & ORDERS DATED JUNE 28 & 29,
P. GORDON UNITED STATES DISTRICT JUDGE
parties, by and through their respective counsel, hereby move
for entry of an order under Fed.R.Civ.P. 6(b)(1) extending
the periods provided by LR 54-14 and this court's orders
dated June 28 & 29, 2018 pertaining to motions for
attorney's fees in each of the above actions, for the
These actions have been pending before this court since their
removal in October 2008.
June 28 & 29, 2018, the court entered orders and
judgments of final adjudication regarding each of them.
those orders, the court instructed Plaintiffs to file motions
for attorney's fees (if any) within 14 days
(i.e., on or before July 12, 2018 (as to certain of
these actions) and July 13, 2018 (as to the rest). It also
instructed Plaintiffs' counsel to confer with Defendant
Meridian's counsel regarding such matters before filing
any such motion.
Because these actions were commenced, in part, based upon
claims arising under 15 U.S. Code Chapter 2B, 15 U.S.C.
§ 78u-4(c) provides for a mandatory review by this court
regarding whether any party has violated Rule 11 in respect
to any pleadings or dispositive motion and response thereto
during the nearly 10-year history of this/these action(s).
54-14 provides that motions for attorney's fees are to be
filed within 14 days of the entry of a final judgment or
order disposing of an action which the United States Supreme
Court has held is the date of entry of an order disposing of
the substantive elements of an action, despite the existence
or potential for a motion for attorney's fees. Ray
Haluch Gravel Co. v. Cent. Pension Fund of Int'l Union of
Operating Engineers & Participating Employers, 134
S.Ct. 773 (2014).
Counsel for all Plaintiffs and the principal Defendants,
Koval Flamingo, LLC and Meridian Private Residences CH, LLC
have conferred about such matters and have agreed that
additional time is necessary to effectively review each
parties' claim(s) for attorney's fees and that it
would unduly burden the court and the parties to require such
motions to be filed within the period provided by LR 54-14
and the court's orders of June 28 & 29, 2018.
Accordingly, there is good cause within the meaning of
Fed.R.Civ.P. 6(b)(1) for an extension of the period within
which to file the parties' respective ...