Snow Covered Capital, LLC v. Weidner

1 || NICHOLAS J. SANTORO, ESQ.

Nevada Bar No. 532 || OLIVER J. PANCHERI, ESQ.

Nevada Bar No. 7476 || HOLLEY DRIGGS South Fourth Street, Suite 1600 || Las Vegas, Nevada 89101 Tel.: (702) 791-0308 / Fax: (702) 791-1912 || Email: [email protected] [email protected] DAVID B. SNYDER, ESQ.

7 || (Admitted Pro Hac Vice) FOX ROTHSCHILD LLP || 2000 Market Street, 20" Floor Philadelphia, Pennsylvania 19103 || Tel.: (215) 299-2000 / Fax: (215) 299-2150 Email: [email protected] Attorneys for Defendant William Weidner UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SNOW COVERED CAPITAL, LLC, Case No.: 2:19-cv-00595-APGNJK Plaintiff, STIPULATION AND ORDER TO 15 EXTEND REMAINING DEADLINES V. REGARDING PRE-FORECLOSURE 16 DAMAGES [ECF 361] WILLIAM WEIDNER, e¢ al., 17 (SECOND REQUEST) Defendants.

19 || AND ALL RELATED MATTERS.

21 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 providing an additional seven-day extension of the requested deadlines || originally set forth in the Court’s December 7, 2023 Minute Order (ECF No. 361).

26 On December 7, 2023, this court entered an order setting forth, inter alia, five deadlines to || address the issue of pre-foreclosure damages: 1 (1) By December 27, 2023, Defendants are to respond to SCC’s pre-foreclosure damage 2 claims in writing; 3 (2) By January 3, 2024, the Parties are to meet and confer about the pre-foreclosure 4 damages issues; 5 (3) By January 10, 2024, the Parties are to file a stipulation enumerating what agreements 6 have been reached and what remains in dispute; 7 (4) By January 17, 2024, the Parties are to file cross-briefs on the issue of pre-foreclosure 8 damages; and 9 (5) By January 31, 2024, the Parties are to file responsive briefs on the issue of pre- 10 foreclosure damages.

11 || ECF No. 361.

12 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.

16 The Parties are requesting an additional seven-day extension to these deadlines. This is || the second request for an extension of the deadlines set forth herein.!

18 Good cause exists for the additional seven-day extension as Mr. Weidner’s counsel has || been working diligently to review SCC’s list of pre-foreclosure damage claims (““Pre-foreclosure || damages”), which were provided by SCC on December 13, 2023. On December 20, 2023, Mr. || Weidner’s counsel requested additional information to assist in the review of the pre-foreclosure || damages and to extend the remaining deadlines by one week. SCC’s counsel agreed to provide || the additional information and to the extension. SCC’s is continuing to work on providing the || additional information requested and has agreed to an additional seven-day extension. An ' The Parties omitted the January 31, 2024, deadline to file responsive briefs on the issue of pre- foreclosure damages in their first request for an extension of the pre-foreclosure damages issue 27 deadlines. As such, this is the Parties’ first request to extend the January 31, 2024, deadline.

1 || additional seven-day extension will provide Mr. Weidner’s counsel adequate time to meaningfully || review the additional information once provided by SCC.

3 Further, good cause exists for the requested extensions in light of the holidays that limited || the Parties’ availability to review the pre-foreclosure damages and ability to meet and confer on || this issue. Accordingly, the Parties respectfully request that this Court enter an order extending the || deadlines related to the pre-foreclosure damages by seven-days as follows: g Current Deadline Proposed New Deadline 9 sens fecclatne dna January 3, 2024 January 10, 2024 P 8 by 5:00 PM by 5:00 PM 10 claims. ll The Parties are to meet and confer about the pre-foreclosure January 10, 2024 January 17, 2024 12 damages issue.

13 A stipulation enumerating what agreements have been reached January 17, 2024 by January 24, 2024 by 14 and what remains in dispute is to 5:00 PM 5:00 PM be filed.

16 ff | parties are to file cross-brie!s January 24, 2024 by January 31, 2024 by P 8 5:00 PM 5:00 PM 17 issue.

18 aes a ne foenene January 31, 2024 by February 7, 2024 by P 5:00 PM 5:00 PM 19 damages issue.

IT IS SO STIPULATED.

IT IS SO ORDERED: 23 ( A 24 UNITED STATES DISTRICT JUDGE 25 DATED: January 8, 2024 1 DATED this 5th day of January 2024. DATED this 5th day of January 2024.

SNELL & WILMER L.L.P. HOLLEY DRIGGS /s/ Bob L. Olson /s/ Oliver J. Pancheri 3 Bob L. Olson (NV Bar No. 3783) Nicholas J. Santoro (NV Bar No. 0532) 4 3883 Howard Hughes Parkway, Suite 1100 Oliver J. Pancheri (NV Bar No. 7476) Las Vegas, Nevada 89169 300 South 4" Street, Suite 1600 5 Tel: (702) 784-5200 Las Vegas, NV 89101 Fax: (702) 784-5252 Tel: (702) 791-0308 6 Fax: (702) 791-1912 4 and and James D. McCarthy (admitted pro hac David B. Snyder (admitted pro hac vice) 8 vice) FOX ROTHSCHILD MaryAnn Joerres (admitted pro hac vice) 2000 Market Street, 20" Floor 9 David Reynolds (admitted pro hac vice) Philadelphia, PA 19103 DIAMOND MCCARTHY, LLP Tel: (215) 299-2000 10 2711 North Haskell Avenue, Suite 3100 Fax: (215-299-2150 Dallas, Texas 75204 11 Tel: (214) 389-5300 Attorneys for Defendant William Weidner Fax: (214) 389-5399 Attorneys for Plaintiff Snow Covered 13 Capital LLC DATED this 5th day of January 2024.

HOWARD & HOWARD ATTORNEYS 15 PLLC 16 /s/ Robert W. Hernquist Robert W. Hernquist (NV Bar No. 10616) 17 3800 Howard Hughes Parkway, Suite 1000 Las Vegas, Nevada 89169 18 Tel: (702) 257-1483 Fax: (702) 567-1568 Attorneys for Jodi Fonfa, as Executrix of the 20 Estate of Andrew S. Fonfa