Snow Covered Capital, LLC v. Weidner

Opinion

NICHOLAS J. SANTORO, ESQ. Nevada Bar No. 532 } OLIVER J. PANCHERI, ESQ. Nevada Bar No. 7476 HOLLEY DRIGGS 300 South Fourth Street, Suite 1600 Las Vegas, Nevada 89101 Tel.: (702) 791-0308 / Fax: (702) 791-1912 Email: nsantoro@nevadafirm.com opancheri @nevadafirm.com DAVID B. SNYDER, ESQ. (Admitted Pro Hac Vice) FOX ROTHSCHILD LLP 2000 Market Street, 20" Floor Philadelphia, Pennsylvania 19103 Tel.: (215) 299-2000 / Fax: (215) 299-2150 Email: dsnyder@foxrothschild.com Attorneys for Defendant William Weidner UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SNOW COVERED CAPITAL, LLC, Case No.: 2:19-cv-00595-APG-NJK Plaintiff, STIPULATION AND ORDER TO EXTEND REMAINING DEADLINES REGARDING PRE-FORECLOSURE DAMAGES [ECF 361] WILLIAM WEIDNER, et al., (THIRD REQUEST) Defendants. AND ALL RELATED MATTERS. Plaintiff Snow Covered Capital, LLC (“SCC”), Defendant William Weidner (“Mr. Weidner’), and the Estate of Andrew Fonfa (collectively, the “Parties”) hereby submit this Stipulation to Extend the Remaining Deadlines Regarding Pre-Foreclosure Damages and request this Court enter an order extending the deadlines originally set forth in the Court’s December 7, 2023 Minute Order (ECF No. 361). On December 7, 2023, this court entered an order setting forth, inter alia, five deadlines to address the issue of pre-foreclosure damages:

(1) By December 27, 2023, Defendants are to respond to SCC’s pre-foreclosure damage claims in writing; (2) By January 3, 2024, the Parties are to meet and confer about the pre-foreclosure damages issues; (3) By January 10, 2024, the Parties are to file a stipulation enumerating what agreements have been reached and what remains in dispute; (4) By January 17, 2024, the Parties are to file cross-briefs on the issue of pre-foreclosure damages; and (5) By January 31, 2024, the Parties are to file responsive briefs on the issue of pre- foreclosure damages. No. 361. On December 22, 2023, the Parties submitted a Stipulation and Order to Extend Remaining Deadlines Regarding Pre-Foreclosure Damages (First Request), requesting this Court extend four of the five remaining pre-foreclosure damages by seven days. ECF No. 369. The Court subsequently granted the seven-day extension request. ECF No. 375. On January 5, 2024, the Parties submitted a Stipulation and Order to Extend Remaining Deadlines Regarding Pre- Foreclosure Damages (Second Request), requesting this Court extend four of the five remaining pre-foreclosure damages by an additional seven days. ECF No. 387. The Court subsequently granted the extension request. ECF No. 392. The Parties are now requesting the additional extensions to these deadlines outlined below. This is the third request for an extension of the deadlines set forth herein. The parties have exchanged information and have met and conferred on certain items of damages but require the additional time for: (1) the parties to review information and materials; (2) for the parties to meet and confer; and (3) for the parties to work on reaching potential stipulations. The parties have shortened the briefing schedule for any potential briefs in order to avoid setting the briefing scheduling too close to the currently scheduled trial dates. The proposed schedule only extends the final response briefs by one day.

Accordingly, the Parties respectfully request that this Court enter an order extending the deadlines related to the pre-foreclosure damages as follows: Current Deadline Proposed New Deadline A stipulation enumerating what agreements have been reached January 24, 2024 by January 29, 2024 by and what remains in dispute is to 5:00 PM 5:00 PM be filed. ine ae to hile cross be ets January 31, 2024 by February 5, 2024 by e 5:00 PM 5:00 PM issue. ames ny fo ne responsive February 7, 2024 by February 8, 2024 by ee Prectorecrosure 5:00 PM 5:00 PM damages issue. IT IS SO ORDERED:

UNITED STATES DISTRICT JUDGE DATED: January 26, 2024 DATED this 25th day of January 2024. DATED this 25th day of January 2024. Bob L. Olson /s/ Oliver J. Pancheri Bob L. Olson (NV Bar No. 3783) Nicholas J. Santoro (NV Bar No. 0532) 3883 Howard Hughes Parkway, Suite 1100 Oliver J. Pancheri (NV Bar No. 7476) Las Vegas, Nevada 89169 300 South 4" Street, Suite 1600 Tel: (702) 784-5200 Las Vegas, NV 89101 A Fax: (702) 784-5252 Tel: (702) 791-0308 Fax: (702) 791-1912 and and James D. McCarthy (admitted pro hac David B. Snyder (admitted pro hac vice) vice) FOX ROTHSCHILD MaryAnn Joerres (admitted pro hac vice) 2000 Market Street, 20" Floor

David Reynolds (admitted pro hac vice) Philadelphia, PA 19103 DIAMOND MCCARTHY, LLP Tel: (215) 299-2000 2711 North Haskell Avenue, Suite 3100 Fax: (215-299-2150 Dallas, Texas 75204 Tel: (214) 389-5300 Attorneys for Defendant William Weidner Fax: (214) 389-5399 Attorneys for Plaintiff Snow Covered Capital LLC DATED this 25th day of January 2024. HOWARD & HOWARD ATTORNEYS PLLC /s/ Robert W. Hernquist Robert W. Hernquist (NV Bar No. 10616) 3800 Howard Hughes Parkway, Suite 1000 Las Vegas, Nevada 89169 Tel: (702) 257-1483 Fax: (702) 567-1568 Attorneys for Jodi Fonfa, as Executrix of the Estate of Andrew S. Fonfa