Kal-Mor-USA, LLC v. Bank of America NA et al

Filing 38

ORDER: IT IS ORDERED that the stay is LIFTED. Discovery due by 8/24/2015. Motions due by 9/23/2015. Joint Pretrial Order due by 10/23/2015. Signed by Magistrate Judge Peggy A. Leen on 6/25/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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KAL-MOR-USA, LLC,

Case No. 2:13-cv-00682-GMN-PAL

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Plaintiff,

ORDER

v.
BANK OF AMERICA, N.A., et al.,
Defendants.

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The court conducted a status and scheduling conference on June 25, 2015. Jason

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Martinez appeared telephonically on behalf of Plaintiff. Melanie Morgan appeared on behalf of

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Defendants. This case was stayed by the district judge while a question of law was certified to

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the Nevada Supreme Court. On December 5, 2014 the Nevada Supreme Court entered an Order

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Declining Certified Question (Dkt #28 & 29) finding its decision in SFR Investment Pool I, LLC

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v U.S. Bank, N. A., 130 Nev.__, 334 P 3d. 408 (2014) was controlling precedent on the issue.

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Since then the parties have taken no action to bring this case to resolution.

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At the hearing counsel for Plaintiff indicated a minimal amount of discovery was need.

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Plaintiff intends to subpoena the records of the trustee’s sale. Defendant intends to obtain the

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HOA records and take Rule 30(b)(6) deposition of the trustee and the deposition of Plaintiff.

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Defendant requested 180 days to complete discovery. This is a straight forward case involving

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an HOA foreclosure on a superpriority lien. The Nevada Supreme Court resolved the legal issue

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of whether the superpriority lien has true priority over a first security interest more than 6 months

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ago. Very little discovery is needed to prepare this case for judgment. The court will give the

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parties 60 days to complete discovery.

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Accordingly,

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IT IS ORDERED that the stay if LIFTED and the following discovery plan and

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scheduling order dates shall be extended as follows:

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Last date to complete discovery: August 24, 2015.

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2.

Last date to file dispositive motions: September 23, 2015.

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3.

Last date to file joint pretrial order: October 23, 2015. In the event dispositive

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motions are filed, the date for filing the joint pretrial order shall be suspended

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until 30 days after a decision of the dispositive motions. The disclosures required

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by Fed. R. Civ. P. 26(a)(3), and any objections thereto, shall be included in the

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pretrial order.

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4.

Applications to extend any dates set by this discovery plan and scheduling order

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shall, in addition to satisfying the requirements of LR 6-1, be supported by a showing of

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good cause for the extension. All motions or stipulations to extend discovery shall be

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received no later than 4:00 p.m., August 3, 2015, and shall fully comply with the

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requirements of LR 26-4.

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DATED this 25th day of June, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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