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Couturier v. American Invsco

United States District Court, D. Nevada

July 13, 2018

BRUCE COUTURIER and ELEANOR COUTURIER, Plaintiffs,
v.
AMERICAN INVSCO, et al., Defendants. SHAHIN EDALATDJU and NASILA EDALATDJU, Plaintiffs,
v.
AMERICAN INVSCO, et al., Defendants. MARY HELDT, VICTOR HELDT, and SNAP PROPERTIES, LLC, a Nevada Limited Liability Company; Plaintiffs,
v.
AMERICAN INVSCO, et al., Defendants. NASIR KOSA; BASIL KOSA, and SAID MATTI, Plaintiffs,
v.
AMERICAN INVSCO, et al., Defendants. WISAM KOSA, RAGID KOSA, and MAHA KOSA, Plaintiffs,
v.
AMERICAN INVSCO, et al., Defendants.

          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 Desmet

          David A. Carroll, Esq. Anthony J. DiRaimondo, Esq. RICE REUTHER SULLIVAN & CARROLL, LLP Attorneys for American Invsco Corporation, Nicholas Gouletas & Condominium Rental Services

          JOINT RULE 6(b)(1) MOTION FOR EXTENSION OF TIME PROVIDED BY LR 54-14 & ORDERS DATED JUNE 28 & 29, 2018

          ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

         The 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 following reasons:

         1. These actions have been pending before this court since their removal in October 2008.

         2. On June 28 & 29, 2018, the court entered orders and judgments of final adjudication regarding each of them.

         3. In 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.

         4. 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).

         5. LR 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).

         6. 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.

         7. 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 ...


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