Opinion
2:21-cv-01123-APG-BNW
04-07-2023
UNITED STATES OF AMERICA ex rel. PEGGY THORNTON, Realtor, and PEGGY THORNTON, Plaintiff, v. PORTOLA DEL SOL OPERATOR, LLC, a foreign limited-liability company; TMIF II PORTOLA, LLC, a foreign limited-liability company; APARTMENT MANAGEMENT CONSULTANTS, LLC, a foreign limited liability company; and RENE RICHARDSON, as AGENT of PORTOLA DEL SOL OPERATOR, LLC, Defendants.
Amy F. Sorenson, Esq. Nevada Bar No. 12495 SNELL & WILMER L.L.P. Kelly H. Dove, Esq. Nevada Bar No. 10569 SNELL & WILMER L.L.P. Attorneys for Defendant Apartment Management Consultants, LLC
Amy F. Sorenson, Esq.
Nevada Bar No. 12495
SNELL & WILMER L.L.P.
Kelly H. Dove, Esq.
Nevada Bar No. 10569
SNELL & WILMER L.L.P.
Attorneys for Defendant Apartment Management Consultants, LLC
STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE RESPONSE TO COMPLAINT
(Fifth Request)
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
Plaintiff Peggy Thornton (“Plaintiff”) and Defendant Apartment Management Consultants, LLC (“Defendant” or “AMC”), by and through their undersigned counsel, for good cause shown, hereby stipulate and agree to extend AMC's deadline to file its response to Plaintiff's Complaint [ECF No. 1] from April 10, 2023, to May 10, 2023, to continue to facilitate the Parties' settlement discussions:
1. Plaintiff filed the Complaint on June 14, 2021 [ECF No. 1].
2. The Complaint was unsealed on December 9, 2022, upon the United States declining intervention [ECF No. 18].
3. AMC's response to the Complaint was originally due on January 18, 2023.
4. The Parties had informally agreed to extend the deadline to respond to February 1, 2023, prior to AMC retaining counsel.
5. Undersigned counsel, Snell & Wilmer L.L.P., was retained to represent AMC on or about January 26, 2023.
6. The Parties previously stipulated to extend the deadline for AMC to respond to the Complaint, resulting in the current April 10, 2023 deadline.
7. AMC initially needed more time to evaluable the complaint because it has not served as property manager for the apartment complex at issue for several years and needed to locate relevant documents. Plaintiff then generously provided AMC with the underlying contracts and leases at issue in this dispute, which AMC's counsel has been analyzing to assess Plaintiff's claims.
8. At the same time, undersigned counsel and their core litigation team were faced some personal obstacles that impeded their ability to work, including the post-partum hospitalization of a spouse and a school-age child currently suffering from COVID.
9. The Parties' counsel subsequently requested an extension until April 10, 2023, to engage in an initial settlement discussion.
10. That process has been fruitful, and Plaintiff has made a settlement demand, including an iteration for a global resolution of this matter . To that end, AMC is in the process of evaluating the offer with its fellow defendants.
11. Plaintiff and AMC believe that a 30-day extension will provide sufficient time for all parties to determine whether they can agree on settlement terms.
12. This extension will also continue deferring the considerable attorneys' fees associated with AMC responding to the complaint and thus be conducive to settlement.
13. This extension request is sought in good faith and is not made for the purpose of delay.
THEREFORE, Plaintiff and AMC therefore request an extension for AMC to file its response to the Complaint until May 10, 2023 .
ORDER
IT IS SO ORDERED