Wells Fargo Bank, N.A. v. Kaveh et al

Filing 48

ORDER Granting 47 Stipulation for an Extension of Discovery Deadlines. Signed by Magistrate Judge Nancy J. Koppe on 1/28/2015. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:13-cv-01472-GMN-NJK Document 47 Filed 01/27/15 Page 1 of 3

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Richard McKnight, Esq.
Nevada Bar No. 001313
THE MCKNIGHT LAW FIRM , PLLC
528 S. Casino Center Blvd. #335
Las Vegas, Nevada 89101
[e-mail]
Phone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WELLS FARGO BANK, N.A., a national
banking association,
Case ¹.: 2:13-cv-1472-GMN-NJK

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Plaintiff,

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vs.

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ALIREZA KAVEH, an individual; ALIREZA
KAVEH, as Trustee of the Alireza Kaveh
Family Trust; JPA INVESTMENTS, LLC, a
Nevada limited liability company, JOCELYNE
ABRAR, an individual; JOCELYNE ABRAR
as Trustee of The Jocelyne Abrar Trust; ALI
KAVEH aka Alireza Kaveh, Sr., an individual;
MOLOUK KAVEH; and MOLOUK KAVEH,
as Trustee of The Kaveh Family Trust,

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Date:
Time:

Defendants.

AMENDED STIPULATION RE EXPERT REPORT AND DISCOVERY EXTENSION
(FIRST REQUEST)
IT IS HEREBY STIPULATED by and between Richard McKnight, Esq. non behalf of

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Defendants, JPA Investments, LLC, Jocelyne Abrar, Jocelyne Abrar as Trustee of The

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Jocelyne Abrar Trust; Ali Kaveh aka Alireza Kaveh, Sr. and Molouk Kaveh, Michael Lynch

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Esq. on behalf of Plaintiff Wells Fargo and Ali Kaveh in proper person, as follows:

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Excusable neglect: Excusable neglect -- Pursuant to LR 26-4, the Parties respectfully

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submit that the following factors constitute excusable neglect for failing to request an

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extension of the expert disclosure deadline at least 21 days prior to its expiration on January

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22, 2015. This is an action against personal guarantors of a commercial loan secured by real

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property. The real property securing that loan is under the control of a court-appointed

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Page 1 of 3
W:\2013 - RM\3174ARBAR-KAVEHM.WFB\Amended stipulation re expert report and discovery extension b 1-27-15.wpd

January 27, 2015 (2:01pm)

Case 2:13-cv-01472-GMN-NJK Document 47 Filed 01/27/15 Page 2 of 3

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receiver, and was scheduled for a foreclosure sale set for February 4, 2015. During the week

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of January 19, 2015, however, it was discovered that the February 4th foreclosure date would

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need to be moved based upon information provided by the receiver that certain construction

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and improvements underway at the property will not be completed until approximately the end

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of March , 2015. Upon information and belief, the completion of this work prior to

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foreclosure is likely to result in a higher sale price at the foreclosure sale, and that all parties

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would benefit from a continuation of the sale date. As the new foreclosure date will affect the

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date of value to be used in the trial of this matter, the recent discovery of the need to continue

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the foreclosure date constitutes excusable neglect for the delay in requesting this extension.

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Due to the fact that two of the three claims for relief in this matter are going to be

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dismissed (see status report file herewith) and the aforementioned construction delay, the

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parties did not apply for extension 21 days in advance of expiration of discovery.

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Discovery remaining: Once the foreclosure is accomplished in this matter it will be

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necessary to hire expert appraisers to determine the value of the property so that the value can

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be contrasted with the amount claimed to be owed under the promissory note. As such:

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Defendants’ initial expert report regarding value of the property shall be due on Friday,

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Page 2 of 3
W:\2013 - RM\3174ARBAR-KAVEHM.WFB\Amended stipulation re expert report and discovery extension b 1-27-15.wpd

January 27, 2015 (2:01pm)

Case 2:13-cv-01472-GMN-NJK Document 47 Filed 01/27/15 Page 3 of 3

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May 8, 2015. Plaintiff’s expert report shall be due on Monday, June 8, 2015. Defendants’

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rebuttal expert report shall be due Friday, June 19, 2015.

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Discovery shall end July 21, 2015.

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IT IS SO STIPULATED.

IT IS SO STIPULATED.

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Dated this 27th day of January 2015.

Dated this 27th day of January 2015.

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LYNCH LAW PRACTICE , PLLC

THE MCKNIGHT LAW FIRM , PLLC

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By:
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/s/ Michael F. Lynch
Michael F. Lynch, Esq.
Nevada Bar No.: 8555
8275 S. Eastern Ave., Suite 200
Las Vegas, NV 89123
Attorneys for Wells Fargo Bank, N.A.

By:

/s/ Richard McKnight
Richard McKnight, Esq.
Nevada Bar No.: 1313
528 S. Casino Center Blvd., #335
Las Vegas, Nevada 89101
Attorneys for Jocelyne Abrar, Ali Kaveh,
Moluck Kaveh and JPA Investments, LLC

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IT IS SO STIPULATED.

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Dated this 27th day of January 2015.

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By: /s/ Alireza Kaveh
Alireza Kaveh aka Kaveh Jr.
6830 S. Rainbow, Suite 200F
Las Vegas, Nevada 89118
Pro Se

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IT IS SO ORDERED
DATED this _____ day of January 2015.
28th

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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W:\2013 - RM\3174ARBAR-KAVEHM.WFB\Amended stipulation re expert report and discovery extension b 1-27-15.wpd

January 27, 2015 (2:01pm)