Thompson v. Credit One Bank, N.A.

• Court: District Court, D. Nevada
• Decided: May 12, 2020
• Docket: 2:20-cv-00266
• Status: Unknown

Opinion

1 Heather H. Jones, Esq. Florida Bar No. 0118974 2 William “Billy” Peerce Howard, Esq. Florida Bar No. 0103330 3 THE CONSUMER PROTECTION FIRM, PLLC 4 4030 Henderson Blvd. Tampa, FL 33629 5 Telephone: (813) 500-1500, ext. 205 Facsimile: (813) 435-2369 6 Heather@TheConsumerProtectionFirm.com 7 Billy@TheConsumerProtectionFirm.com Attorneys for Plaintiff 8 9 UNITED STATES DISTRICT COURT OF NEVADA 10 DISTRICT OF NEVADA 11 12 BRANDON THOMPSON, on behalf of UNOPPOSED MOTION FOR 13 Himself and all others similarly situated, LEAVE TO FILE JOINT PROPOSED DISCOVERY 14 Plaintiff, PLAN AND SCHEDULING v. ORDER IN COMPLIANCE 15 WITH LOCAL RULE 26-1(b) 16 CREDIT ONE BANK, N.A., OUT OF TIME AND ORDER 17 Defendant. ___________________________________/ CASE NO.: 2:20-cv-00266-GMN-EJY 18 19 COMES NOW, the parties, by and through their undersigned counsel, and files this Motion 20 for Leave to File the Joint Proposed Discovery Plan and Scheduling Order in Compliance with 21 Local Rule 26-1(b) Out of Time, pursuant to Federal Rule of Civil Procedure 6(b)(1)(B). In 22 support of this Motion, the parties state: 23 1. Plaintiff filed his Class Action Complaint on February 6, 2020 (Doc. 1). 24 25 2. Defendant filed a Motion to Stay Litigation on March 16, 2020 (Doc. 7). 26 3. Plaintiff inadvertently missed the deadline for coordinating the parties scheduling 27 conference and upon realizing the error, immediately circulated a proposed scheduling plan and 28 1 reached out to opposing counsel to schedule a time for the parties to discuss the proposed 2 scheduling order. 3 4. The parties are scheduled to confer on Monday, May 11, 2020 and request an 4 5 extension to file the Joint Proposed Discovery Plan and Scheduling Order no later than May 15, 6 2020. 7 5. This motion is being filed in good faith and not for the purpose of delay or 8 frustration of this cause. 9 6. On May 11, 2020 Defendant agreed to the extension requested. 10 11 7. The granting of this Motion will not prejudice the parties. 12 8. MEMORANDUM OF LAW 13 9. This Court has discretion to enlarge the time to file a responsive pleading for good 14 cause per 15 10.Fed. R. Civ. P. 6(b)(1). Plaintiff is respectfully requesting he be allowed to file the Joint 16 17 Proposed Discovery Plan and Scheduling Order in Compliance with Local Rule 26- 18 1(b) Out of Time. Federal Rules of Civil Procedure 6(b)(1)(B) also provides that the 19 Court for cause may, in its discretion, order that a period of time be enlarged if the 20 request for such enlargement is made upon motion after the expiration of the specified 21 period where the failure to act was the result of excusable neglect. 22 23 11.Excusable neglect is a flexible and somewhat forgiving notion. Meier v. Deutsche Bank 24 Trust Co. Americas, No. 2:09-CV-169-FTM-29SP, 2011 WL 1806509, at *2 (M.D. 25 Fla. May 11, 2011). The factors set forth in Glover v. City of Pensacola, 372 F. App'x 26 952, 955 (11th Cir. 2010), are met in this instance. Specifically: (1) there is no danger 27 of prejudice to the opposing party; (2) there is no danger of delay harmful to the judicial 28 1 proceedings; (3) the reason for the delay was a simple inadvertence in calendaring. 2 12. WHEREFORE, the parties respectfully request that this Honorable Court grant the 3 Motion for Leave to File the Joint Proposed Discovery Plan and Scheduling Order in 4 5 Compliance with Local Rule 26-1(b) Out of Time. 6 7 CERTIFICATE OF SERVICE 8 I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed via 9 the Court’s CM/ECF system this 11th day of May, 2020, to all parties of record. 10 11 Respectfully submitted, 12 /s/ Heather H. Jones /s/_Gustavo Ponce___ Heather H. Jones, Esq. (Pro Hac Vice) Gustavo Ponce, Esq. 13 Florida Bar No. 0118974 Nevada Bar No. 15084 14 William “Billy” Peerce Howard, Esq. KAZEROUNI LAW GROUP, APC Florida Bar No. 0103330 6069 South Fort Apache Rd., Suite 100 15 THE CONSUMER PROTECTION FIRM, PLLC Las Vega, Nevada 89148 4030 Henderson Blvd. Telephone: (800) 400-6808 16 Tampa, FL 33629 Facsimile: (800) 520-5523 17 Telephone: (813) 500-1500, ext. 205 gustavo@kazlg.com Facsimile: (813) 435-2369 Attorney for Plaintiff 18 Heather@TheConsumerProtectionFirm.com Billy@TheConsumerProtectionFirm.com 19 Attorney for Plaintiff 20 21 ORDER 22 23 IT IS ORDERED that the Parties shall file the Joint Scheduling Report on or before May 24 15, 2020. 25 26 __________________________________________ 27 UNITED STATES MAGISTRATE JUDGE 28 Dated: May 12, 2020