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Engler v. CMG Mortgage, Inc.

United States District Court, D. Nevada

November 18, 2019

JEFFREY K. ENGLER and KATHERINE M. SENNES-ENGLER, Plaintiffs,
v.
CMG MORTGAGE, INC. D/B/A CMG FINANCIAL, Defendant.

          WOLFE & WYMAN LLP ANDREW A. BAO, ESQ. Attorneys for Defendant CMG MORTGAGE, INC. D/B/A CMG FINANCIAL

          HAINES & KRIEGER, LLC SHAWN W. MILLER, ESQ. Attorney for Plaintiffs JEFFREY K. ENGLER AND KATHERINE M. SENNES-ENGLER

          [PROPOSED] STIPULATION AND ORDER TO EXTEND DISCOVERY

         Pursuant to Fed.R.Civ.P. 26(f), and Local Rule 26-1, Plaintiffs Jeffrey K. Engler and Katherine M. Sennes-Engler (“Plaintiffs”) and CMG Mortgage Inc. d/b/a CMG Financial (“CMG”) (collectively the “Parties”), by and through their attorneys, hereby stipulate to extend discovery deadlines and other deadlines in the September 9, 2019 Scheduling Order as follows:

         1.Completed Discovery.

         The parties have exchanged initial and supplemental disclosures. Plaintiffs propounded written Interrogatories, Request for Admissions and Request for Documents (“Plaintiffs' Written Discovery Requests”) to Defendant. Defendant has responded to Plaintiffs' Written Discovery Requests and produced documents. CMG's 30(b)(6) deposition has been noticed and the parties intend to proceed with deposition if this action is not settled.

         2. Remaining Discovery.

         Written discovery responses and at least one deposition.

         3. Good Cause.

         The parties have been diligently litigating this case and are requesting this extension for good cause because CMG's 30(b)(6) deposition is currently set for November 18, 2019. Defense counsel has requested this extension from Plaintiffs counsel due to a family death, causing defense counsel to be unavailable from November 15th-November 22nd. Furthermore, Plaintiff has proposed a settlement that involves CMG being required to, amongst other matters, modify pending mortgage obligations. CMG is in the process of considering the parameters of such a resolution.

         This stipulation is made in good faith, is not interposed for delay, and is not filed for an improper purpose. This is also the parties' first request for an extension.

         4. Current Discovery Deadlines.

• Discovery Cutoff: January 22, 2020
• Amending Pleadings/Adding Parties: October 24, 2019
• Initial Expert Disclosures and Interim Status Report: Nov ...

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