United States District Court, D. Nevada
LAS VEGAS DEVELOPMENT GROUP, LLC, a Nevada limited liability company, Plaintiff,
COLFIN AI-NV 2, LLC, a Delaware limited liability company; BANK OF AMERICA, NA, a National Banking Association, as successor by merger to BAC HOME LOANS SERVICING, LP; MTC FINANCIAL, INC., a California corporation; JOHN VIDA, an individual; FEDERAL HOME LOAN MORTGAGE CORPORATION, a federally chartered corporation; ELMER S. CASTRO, an individual; JFK FINANCIAL, INC., a Nevada Corporation; DOE individuals I through XX; and ROE CORPORATIONS I through XX, Defendants.
P. CROTEAU & ASSOCIATES, LTD. TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878 Attorney for Plaintiff LAS VEGAS
DEVELOPMENT GROUP, LLC
WILLIAMS & SORENSEN, LLP RICHARD J. REYNOLDS MICHAEL R.
BROOKS, ESQ. Nevada Bar No. 7287 Attorney for Defendants MTC
AKERMAN LLP TENESA S. POWELL, ESQ. Nevada Bar No. 12488
Attorney for Defendants BANK OF AMERICA, N.A. AND FEDERAL
HOME LOAN MORTGAGE CORPORATION
HUTCHISON & STEFFEN, LLC TODD W. PRALL, ESQ. Nevada Bar
No. 9154 Attorney for Defendant COLFIN AI-NV 2, LLC
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO
MOTIONS FOR SUMMARY JUDGMENT (FIRST REQUEST)
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
NOW Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, and
Defendants, MTC FINANCIAL, INC. (“MTC”);
BANK OF AMERICA, N.A. (“BANA”) and
FEDERAL HOME LOAN MORTGAGE CORPORATION (“Freddie
Mac”); and COLFIN AI-NV 2, LLC
(“Colfin”), by and through their
undersigned counsel, and hereby stipulate and agree as
April 8, 2019, the Court entered a minute order setting
deadlines to complete outstanding discovery and submit,
respond and reply to dispositive motions. [ECF #136].
Pursuant to this minute order, Motions for Summary Judgment
were to be filed on or before May 13, 2019; Responses were to
be filed on or before May 22 2019; and Replies were to be
filed on or before May 29, 2019. The Court further stated
that it would not entertain motions to extend or continue the
deadlines absent extraordinary circumstances.
May 13, 2019, MTC filed a Motion for Summary Judgment. [ECF
May 13, 2019, BANA and Freddie Mac filed a Motion for Summary
Judgment. [ECF #140].
May 14, 2019, MTC filed a Joinder to BANA and Freddie
Mac's Motion for Summary Judgment. [ECF #141].
May 14, 2019, Colfin filed a Joinder to BANA and Freddie
Mac's Motion for Summary Judgment. [ECF #142].
Plaintiff's counsel received the subject Motions for
Summary Judgment, its staff did not note the shortened
briefing schedule set forth in this Court's prior Minute
Order. As a result, the deadline to respond to the Motions
was calendared for June 3, 2019 - 21 days from receipt of the
Motions - rather than May 22, 2019, as directed in the
Court's Minute Order.
discovering its error, Plaintiff's counsel has requested
an extension of time until June 7, 2019, in which to respond
to the subject Motions.
Plaintiff's counsel respectfully submits that the
requested extension is warranted for a variety of reasons:
(1) the calendaring error and resulting failure to timely
file the Responses was the result of excusable neglect; (2)
this Court and other courts have recently lifted stays and
imposed briefing schedules in many cases to which
Plaintiff's counsel is a party and the resulting
overlapping deadlines, together with counsel's other work
and personal obligations have made it extremely difficult for
counsel to timely meet the shortened, concurrent deadlines;
(3) the number, length and scope of the Motions and the
complexity of ...