Bourne Valley Court Trust v. Wells Fargo Bank, N.A. et al

Filing 132

ORDER Granting 131 Stipulation to Extend Dispositive Motions Deadline (First Request). Motions due by 5/29/2018. Signed by Magistrate Judge George Foley, Jr on 2/21/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:13-cv-00649-JCM-GWF Document 131 Filed 02/20/18 Page 1 of 4

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Andrew M. Jacobs, Esq.
Nevada Bar No. 12787
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Wells Fargo Bank, N.A.
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UNITED STATES DISTRICT COURT

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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DISTRICT OF NEVADA

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BOURNE VALLEY COURT TRUST,
Plaintiff,

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vs.

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WELLS FARGO BANK, N.A.; MTC
FINANCIAL, INC., dba TRUSTEE
CORPS; RENEE JOHNSON; and
NEVADA LEGAL NEWS, LLC

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CASE NO.: 2:13-CV-00649-JCM-GWF

STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
DISPOSITIVE MOTIONS
(First Request)

Defendant.

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Wells Fargo Bank, N.A. (“Wells Fargo”) and Bourne Valley Court Trust (“Bourne

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Valley”, and with Wells Fargo, the “Parties”) through their counsel of record hereby respectfully

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request the Court enter an order, pursuant to Local Rules IA 6-1 and 26-4, extending the

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dispositive motion deadlines set forth in the Order entered on October 25, 2017 (ECF No. 110).

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The dispositive motion deadline in the Order has not expired and is currently scheduled for

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February 28, 2018.

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On December 22, 2017, non-party Federal Home Loan Mortgage Corporation (“Freddie

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Mac”) filed a Motion for Protective Order (ECF No. 115) seeking to avoid a deposition pursuant

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Case 2:13-cv-00649-JCM-GWF Document 131 Filed 02/20/18 Page 2 of 4

concluded that if the “Motion for Protective Order is denied, the Court will grant additional

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discovery time to complete the deposition that is underlying the motion.” Minute Order dated

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Dec. 26, 2017(ECF No. 116). On February 15, 2018, the Court denied Freddie Mac’s Motion for

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Protective Order and further ordered counsel for Freddie Mac and Bourne Valley to continue

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meet and confer efforts. Order at 3:6-7 (ECF No. 118). If Freddie Mac and Bourne Valley are

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unable to agree on the deposition topics, the Magistrate has contemplated that Freddie Mac may

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file an additional motion to determine the scope of the deposition. Id. at 3-8. Given the nature of

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this process, the Parties request a 90-day extension in which to file their dispositive motions to

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allow for the deposition of Freddie Mac. The Parties further agree that if additional motion

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Snell & Wilmer

to a subpoena served by Bourne Valley. In scheduling a hearing on that motion, the Magistrate

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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practice is necessary concerning the scope of the deposition of Freddie Mac or if the deposition

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does not take place before the dispositive motion deadline, the Parties may request an additional

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extension in good faith.

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I.

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Good Cause for Extending Deadline for Filing Dispositive Motions
This requested extension is the result of non-party Freddie Mac’s Motion for Protective

Order relating to its deposition.

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Additionally, although the dispositive motion deadline has been moved once before, that

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was due to a motion filed by The Parks Homeowners Association, a party now dismissed. See

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Order dated Oct. 25, 2017 (ECF No. 110). Wells Fargo’s Motion to Stay Discovery and Extend

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Dispositive Motion Deadlines was simultaneously denied. Id. This is the Parties’ first stipulated

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request to extend the deadlines. This request is not made for any deleterious purpose or to cause

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delay, but is made in good faith by the Parties as the result of the non-party discovery motion

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practice in this litigation.

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II.

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Proposed Schedule
The Parties respectfully request that the Court extend the dispositive motion deadline by

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90 days until May 29, 2018.

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Case 2:13-cv-00649-JCM-GWF Document 131 Filed 02/20/18 Page 3 of 4

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The Parties respectfully request that the Court grant this Stipulation and extend the

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dispositive motion deadline as set forth herein.

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DATED this 20th day of February, 2018.

DATED this 20th day of February, 2018.

KIM GILBERT EBRON

SNELL & WILMER L.L.P.

By:

By:

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

Attorneys for Bourne Valley Court Trust

/s/ Wayne Klomp
Andrew M. Jacobs, Esq.
Nevada Bar No. 12787
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Wayne Klomp, Esq.
Nevada Bar No. 10109
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

Attorneys for Wells Fargo Bank, N.A.

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IT IS SO ORDERED.
_________________________________
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
DATED:__________________________
2/21/2018

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