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Las Vegas Development Group, LLC v. Colfin AI-NV 2, LLC

United States District Court, D. Nevada

May 28, 2019

LAS VEGAS DEVELOPMENT GROUP, LLC, a Nevada limited liability company, Plaintiff,
v.
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.

          ROGER P. CROTEAU & ASSOCIATES, LTD. TIMOTHY E. RHODA, ESQ. Nevada Bar No. 7878 Attorney for Plaintiff LAS VEGAS DEVELOPMENT GROUP, LLC

          BURKE, WILLIAMS & SORENSEN, LLP RICHARD J. REYNOLDS MICHAEL R. BROOKS, ESQ. Nevada Bar No. 7287 Attorney for Defendants MTC FINANCIAL INC.

          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.

         COMES 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 follows:

         1. On 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.

         2. On May 13, 2019, MTC filed a Motion for Summary Judgment. [ECF #139].

         3. On May 13, 2019, BANA and Freddie Mac filed a Motion for Summary Judgment. [ECF #140].

         4. On May 14, 2019, MTC filed a Joinder to BANA and Freddie Mac's Motion for Summary Judgment. [ECF #141].

         5. On May 14, 2019, Colfin filed a Joinder to BANA and Freddie Mac's Motion for Summary Judgment. [ECF #142].

         6. When 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.

         7. Upon discovering its error, Plaintiff's counsel has requested an extension of time until June 7, 2019, in which to respond to the subject Motions.

         8. 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 ...


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