Fagan v. First Am. Title Ins. Co.

Full title: PHILIP J. FAGAN, JR., an individual, and as Trustee of the PHILIP J…

Court: United States District Court, District of Nevada

Date published: Apr 28, 2023

2:23-cv-00371-RFB-DJA (D. Nev. Apr. 28, 2023)

Opinion

2:23-cv-00371-RFB-DJA

04-28-2023

PHILIP J. FAGAN, JR., an individual, and as Trustee of the PHILIP J. FAGAN, JR. 2001 TRUST Plaintiff, v. FIRST AMERICAN TITLE INSURANCE COMPANY; and Does I-X, inclusive, Defendants

Maurice Wood AARON R. MAURICE, ESQ. Nevada Bar No. 006412 BRITTANY WOOD, ESQ. Nevada Bar No. 007562 AMANDA K. BAKER, ESQ. Nevada Bar No. 15172 Attorneys for Defendant Black & Wadhams ALLISON R. SCHMIDT, ESQ. Nevada Bar No. 10743 Attorneys for Plaintiff

RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

Maurice Wood AARON R. MAURICE, ESQ. Nevada Bar No. 006412 BRITTANY WOOD, ESQ. Nevada Bar No. 007562 AMANDA K. BAKER, ESQ. Nevada Bar No. 15172 Attorneys for Defendant

Black & Wadhams ALLISON R. SCHMIDT, ESQ. Nevada Bar No. 10743 Attorneys for Plaintiff

STIPULATION & ORDER TO EXTEND TIME TO FILE OPPOSITION TO MOTION TO DISMISS [DKT. NO 9] (FIRST REQUEST)

RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

Plaintiff, Philip J. Fagan, Jr., individually and as trustee of the Philip J. Fagan, Jr. 2001 Trust, (“Plaintiff”) and Defendant, First American Title Insurance Company (“Defendant”) (collectively, the “Parties”), by and through their respective attorneys of record, hereby stipulate and agree as follows:

1. On March 15, 2023, Plaintiff served Defendant with the Summons and Complaint.

2. On April 13, 2023, Defendant filed a Motion to Dismiss asserting, inter alia, the application of the litigation privilege and the Rooker-Feldman abstention doctrine, Docket Entry No. 9.

3. Plaintiff requests a brief extension of time to respond to the Motion to Dismiss.

4. This extension is requested to allow counsel for Plaintiff additional time to review the points and authorities contained in the motion and to provide a detailed response, Plaintiff's office is currently engaged in a 3-week Jury Trial which has limited the time available to fully research the points raised by Defendant.

5. Accordingly, Plaintiff requests a brief extension through May 4, 2023, to respond to the Complaint.

6. Counsel for Defendant does not oppose the requested extension.

7. This is the first request for an extension which is brought in good faith and not for purposes of delay.

IT IS SO ORDERED.