My Home Now, LLC v. Bank of America, N.A.

Filing 31

ORDER Granting 30 Stipulation to Extend Discovery. Discovery due by 8/23/2015. Motions due by 9/23/2015. Proposed Joint Pretrial Order due by 10/23/2015. Signed by Magistrate Judge Carl W. Hoffman on 5/12/2015. (Copies have been distributed pursuant to the NEF - DC)

Case 2:14-cv-01957-RFB-CWH Document 30 Filed 05/11/15 Page 1 of 4

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DARREN BRENNER, ESQ.
Nevada Bar No. 8386
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
AKERMAN LLP
1160 Town Center Dr., Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant Bank of America, N.A

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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MY HOME NOW, LLC, a Nevada Limited
Liability Company
Plaintiff,

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vs.

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BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER
TO
BAC
HOME
LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP, a National
Banking Corporation and DOES I through X,
inclusive; ROE ENTITIES XI through XX,

Case No. 2:14-cv-01957-RFB-CWH
STIPULATION AND PROPOSED ORDER
TO EXTEND DISCOVERY NINETY
DAYS
(First Request)

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Defendants.

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Defendant Bank of America, N.A. (BANA), and Plaintiff My Home Now, LLC (Plaintiff)

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respectfully submit the following stipulation requesting a 90 day extension of the current scheduling

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order deadlines.

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I.

INTRODUCTION.

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On October 6, 2014, Plaintiff filed a complaint asserting claims for declaratory relief/quiet

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title, unjust enrichment, and preliminary and permanent injunction. BANA removed this action to

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federal court on November 24, 2014. ECF No. 1.

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. . .

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. . .
{30847093;1}

Case 2:14-cv-01957-RFB-CWH Document 30 Filed 05/11/15 Page 2 of 4

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II.

DISCOVERY STATUS.

A.

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Discovery that has been completed.

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1. BANA served its initial disclosures on February 5, 2015.

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2. BANA served its Initial Expert Disclosure on March 25, 2015.

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3. BANA served a subpoena for document production to Westpark HOA on

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January 15, 2015.

4. BANA served a subpoena for document production to Nevada Association

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Services on January 15, 2015.

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B.

Discovery that remains.

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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1. Depositions of fact witnesses.

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2. Depositions of 30(b)(6) witnesses including the 30(b)(6) witness for all

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parties.

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3. Depositions of expert witnesses.

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4. Written discovery

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C.

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Federal National Mortgage Association, and Federal Housing Finance Agency (Intervenors)

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filed a motion to intervene on February 24, 2015, 2013. ECF No. 14. Plaintiff filed a response on

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April 24, 2014. ECF No. 16. Intervenors filed a Reply on March 27, 2015 ECF No. 20. The court

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has not yet ruled on this motion.

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III.

Pending Motions

REASON WHY EXTENSION IS REQUIRED.

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The parties have diligently participated in discovery in this case. Despite their efforts, the

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parties believe an extension of ninety days is necessary in this case. BANA is in the process of

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collecting records from the homeowners association and homeowners association trustee. BANA

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needs to take the deposition of Plaintiff, the 30(b)(6) witness for the HOA, the 30(b)(6) witness for

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HOA trustee.

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Additionally, the parties are awaiting a ruling on motion to intervene. The intervenors will

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likely want to participate in discovery as well. The parties consequently agree that a discovery

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{30847093;1}

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Case 2:14-cv-01957-RFB-CWH Document 30 Filed 05/11/15 Page 3 of 4

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extension of 90 days is appropriate and is necessary to thoughtfully and efficiently address the issues

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presented.

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IV.

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PROPOSED SCHEDULE.
1. Discovery Cut-Off Date. The parties agree that discovery will be extended ninety-one days

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from May 25, 2015 to Monday, August 23, 2015.
2. Experts.

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a. Initial Experts: This deadline passed on March 25, 2015. The parties are not requesting

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an extension of this deadline.

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b. Rebuttal Experts: This deadline is scheduled to pass on April 24, 2015. The parties are

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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not requesting an extension of this deadline.

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3. Amending the Pleadings and Adding Parties. The deadline to amend pleadings and add

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parties passed on March 25, 2015. Accordingly, the parties do not seek to extend this

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deadline.

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4. Interim Status Report. The parties shall file the interim status report required by LR 26-3 by

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Thursday, June 25, 2015. The undersigned counsel certify that they have read LR 26-3 and

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that this date is sixty-two days before the proposed discovery cut-off date. (60 days falls on a

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weekend).

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5. Dispositive Motions. The parties shall have until Wednesday, September 23, 2015 to file

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dispositive motions, which is thirty-two days after the discovery cut-off date. (30 days falls

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on a weekend).

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6. Pretrial Order. The pretrial order shall be filed by Friday, October 23, 2015, which is thirty

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days after the date set for filing dispositive motions in the case. In the event a timely

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dispositive motion is filed, the deadline to submit the pretrial order shall be suspended until

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thirty days after a decision on such motion.

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The parties believe that the 90 day extension is necessary and appropriate to provide sufficient

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. . .

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. . .

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. . .
{30847093;1}

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Case 2:14-cv-01957-RFB-CWH Document 30 Filed 05/11/15 Page 4 of 4

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time for discovery, regarding the Plaintiff’s claims for substantial damages.

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DATED this 11th day of May, 2015.

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AKERMAN LLP

THE WRIGHT LAW GROUP

/s/ William S. Habdas______________
DARREN BRENNER, ESQ.
Nevada Bar No. 8276
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

/s/ John H. Wright______________________
JOHN H. WRIGHT, ESQ.
Nevada Bar No. 6182
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89012

DATED this 11th day of May, 2015.

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Attorneys for Plaintiff

Attorneys for Bank of America, N.A.

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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ORDER

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IT IS SO ORDERED:

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED: ______________________________
DATED: May 12, 2015

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{30847093;1}

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