National Credit Union Administration Board v. RBS Securities, Inc. et al

Filing 638

ORDER denying Nomura's requests to extend discovery cut-off date or to compel CoreLogic to respond before 7/17/2015. Signed by Magistrate Judge James P. O'Hara on 7/10/2015. (kg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------- X
NATIONAL CREDIT UNION ADMINISTRATION
:
:
BOARD, etc.,
Plaintiff,
:
:
-v:
:
MORGAN STANLEY & CO., et al.,
:
Defendants. :
:
And other NCUA Actions.
:
--------------------------------------- X
UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
--------------------------------------- X
NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
RBS SECURITIES, INC., f/k/a GREENWICH :
CAPITAL MARKETS, INC., et al.,
:
:
Defendants.
:
:
And other NCUA Actions.
:
--------------------------------------- X

13cv6705
13cv6719
13cv6721
13cv6726
13cv6727
13cv6731
13cv6736

(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)
(DLC)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
7/10/15
DATE FILED: ______________

11cv2340
11cv2649
12cv2591
12cv2631
12cv2648
13cv2418

(JWL)
(JWL)
(JWL)
(JWL)
(JWL)
(JWL)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
--------------------------------------- X
NATIONAL CREDIT UNION ADMINISTRATION
:
BOARD, etc.,
:
Plaintiff,
:
-v:
:
RBS SECURITIES, INC., f/k/a GREENWICH :
CAPITAL MARKETS, INC., et al.,
:
:
Defendants. :
:
And other NCUA Actions.
:
--------------------------------------- X

11cv5887 (GW)
11cv6521 (GW)
ORDER

HON. DENISE COTE, HON. JOHN W. LUNGSTRUM, and HON. GEORGE H. WU,
District Judges; and HON. JAMES P. O’HARA, Magistrate Judge:
With limited exceptions, fact discovery in these actions
closes on July 17, 2015.

Through its letter of July 7, Nomura

Asset Acceptance Corporation and Nomura Home Equity Loan, Inc.
(together, “Nomura”) seek an extension of the fact discovery
cut-off date to July 31, 2015, for the purpose of obtaining
document discovery and a deposition from third-party CoreLogic,
Inc. (“CoreLogic”), or for an order compelling CoreLogic to
produce documents and to testify at a deposition on or before
July 17.
Federal Rule of Civil Procedure 16(b)(4) provides that “[a]
schedule may be modified only for good cause and with the
judge's consent.”

Whether good cause exists depends upon the

diligence of the moving party.

See, e.g., Gorsuch, Ltd., B.C.

v. Wells Fargo Nat. Bank Ass'n, 771 F.3d 1230, 1240 (10th Cir.
2

2014); In re W. States Wholesale Natural Gas Antitrust Litig.,
715 F.3d 716, 737 (9th Cir. 2013); Holmes v. Grubman, 568 F.3d
329, 334-35 (2d Cir. 2009).
Through our Order of July 8, we required Nomura to provide
the subpoenas, objections and correspondence related to this
application, required it to confer with CoreLogic in an effort
to resolve the dispute, and permitted CoreLogic to present its
position to our Courts.

Having reviewed the submissions from

Nomura and CoreLogic, we find that Nomura has not shown good
cause to extend the discovery deadline to obtain third-party
discovery from CoreLogic.

The demands, which were contained in

defective subpoenas, were made just one month before the close
of fact discovery, were presented to CoreLogic without prior
coordination, were overly broad, and were burdensome.

CoreLogic

has shown that it cannot comply with those demands by July 17.
Indeed, even though Nomura narrowed its requests, most recently
on July 8, CoreLogic will not be able to produce all of the

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documents responsive to the narrowed requests until August.
Accordingly, it is hereby
ORDERED that Nomura’s requests to extend the discovery cutoff date or to compel CoreLogic to respond before July 17, 2015
are denied.
Dated: July 10, 2015

__/s/ Denise Cote _______________
United States District Judge

Dated: July 10, 2015

__/s/ George H. Wu________________
United States District Judge

Dated: July 10, 2015

___/s/ John W. Lungstrum__________
United States District Judge

Dated: July 10, 2015

___/s/ James P. O’Hara____________
United States Magistrate Judge

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