Proficio Mortgage Ventures, LLC

Filing 62

ORDER Granting 60 Stipulation to Extend Expert Discovery Deadlines. Signed by Magistrate Judge Cam Ferenbach on 6/15/16. (Copies have been distributed pursuant to the NEF - TR)

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JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
[e-mail]
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
CHRISTI A. LAWSON, ESQ.
[e-mail]
(admitted pro hac vice)
THOMAS S. CARGILL, ESQ.
[e-mail]
(admitted pro hac vice)
FOLEY & LARDNER LLP
111 North Orange Ave., Suite 1800
Orlando, Florida 32801-2386
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff
Proficio Mortgage Ventures, LLC

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PROFICIO MORTGAGE VENTURES.
LLC,

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Plaintiff,

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Case No. 2:15-CV-510-RFB-(VCF)
STIPULATION AND [PROPOSED]
ORDER TO EXTEND EXPERT
DISCOVERY DEADLINES

v.
THE FEDERAL SAVINGS BANK,

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(Fifth Request)

Defendant.

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Plaintiff, Proficio Mortgage Ventures, LLC (“Proficio”) and Defendant, The Federal
Savings Bank (“TFSB”), by and through their undersigned attorneys, hereby stipulate and agree as
follows:
Pursuant to Local Rules of Civil Practice 6-1 and 26-4, the parties state as follows:
I.

DISCOVERY THAT HAS BEEN COMPLETED
A.

Plaintiff's Discovery
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(a)

Plaintiff's Initial Disclosures and documents served June 16, 2015;

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(b)

Plaintiff's First Set of Interrogatories served August 18, 2015;

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(c)

Plaintiff's First Set of Requests for Production served on August 18, 2015;

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(d)

Plaintiff's Answers to Defendant's First Set of Interrogatories served on

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October 8, 2015;
(e)

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Plaintiff’s Responses to Defendant’s First Set of Requests for Production

served on October 8, 2015;

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(f)

Plaintiff’s Second Set of Interrogatories served on February 11, 2016;

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(g)

Plaintiff’s Second Requests for Production served on February 11, 2016;

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(h)

The depositions of four (4) principal witnesses, Naranjo, O’Brien, Russell

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and Gomez, have been completed;
(i)

Plaintiff provided Defendant its damages calculations, to date, on January

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(j)

Plaintiff submitted supplemental discovery production to Defendant on

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January 25, 2016;

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(k)

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13, 2016;

and discovery production were served on March 3, 2016;
(l)

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Plaintiff’s Responses to Defendant’s Second Set of Requests for Production

On June 9-10, 2016, the parties conducted depositions of two (2) TFSB

representatives.

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(m)

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the months of June and July, 2016.

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B.

The parties have scheduled depositions of fifteen (15) fact witnesses during

Defendant's Discovery

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(a)

Defendant's Initial Disclosures and documents served on June 15, 2015;

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(b)

Defendant’s First Set of Interrogatories and Document Requests served on

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September 3, 2015;
(c)

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Defendant’s Answers to Plaintiff’s First Set of Interrogatories and Requests

for Production on September 22, 2015;

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(d)

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The depositions of four (4) principal witnesses, Naranjo, O’Brien, Russell

and Gomez, have been completed;

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(e)

Defendant’s Second Set of Document Requests served on January 27, 2016;

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(f)

On January 27, 2016, Defendant noticed Subpoenas for Documents to non-

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parties Evofi One Mortgage, First National Bank of Layton, North American Marketing, Inc., and

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Resolute Bank.
(g)

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March 14, 2016;
(h)

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(i)

Defendant revised and supplemented its answers and production to

Plaintiff’s Second Interrogatories and Second Request for Production.
(j)

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Defendant’s Responses to Plaintiff’s Second Request for Production served

on March 14, 2016;

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Defendant’s Answers to Plaintiff’s Second Set of Interrogatories served on

On June 9-10, 2016, the parties conducted depositions of two (2) TFSB

representatives.
(k)

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The parties have scheduled depositions of fifteen (15) fact witnesses during

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the months of June and July, 2016.

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II.

DISCOVERY TO BE COMPLETED
The parties have completed the bulk of document exchange. However, depositions of at

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least fifteen (15) fact witnesses will be conducted during June and July, 2016.

Once the

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aforementioned fact discovery is completed, the parties and their designated experts will require

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time to complete their reporting/analysis and conduct depositions of the expert witnesses.

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III.

REASONS WHY THE DEADLINE CANNOT BE SATISFIED

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The parties believe that their experts need additional time to complete their respective

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analysis in light of the strong likelihood that upcoming fact witness depositions will reveal facts

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and evidence that will significantly impact the experts’ reporting/analysis. Therefore, the parties

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will comply with the current deadlines for identifying their experts, providing the experts’

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credentials, and designating topics on which those experts will testify. However, the parties are

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seeking to extend the deadlines in which to provide the expert reports/analysis to the other party,

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and extend the deadlines for the depositions of such experts. The parties do not seek to modify any

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other non-expert deadlines set forth in the current discovery schedule. The parties continue to

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work diligently to complete discovery. This request is not made for the purpose of delay, but to

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allow for a just adjudication of the case on the merits. The parties agree that they will not be

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prejudiced by a delay.

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With respect to the deadline to disclose initial experts, which is less than twenty-one (21)

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days from the date of this Stipulation, the facts and circumstances demonstrate excusable neglect

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for failure to act within the 21-day deadline imposed by Local Rule 26-4. The parties have

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continued to act diligently in scheduling and conducting discovery, and in discussing potential

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resolutions to this case up and through the date of this stipulation. Due to the number of remaining

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fact witnesses to be deposed and the geographic dispersal of the various witnesses, it has not

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proven feasible to complete the fact witness depositions necessary to allow the parties’ experts to

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prepare complete and comprehensive reports.

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IV.

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PROPOSED AMENDED DISCOVERY SCHEDULE
In light of the above, the parties stipulate and agree, subject to this Court's approval, to the

following discovery schedule:
A.

August 19, 2016.

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Discovery Cut-off Date. The deadline to complete fact discovery shall remain

B.

Initial Expert Disclosure. The deadline to disclose initial experts shall remain June

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17, 2016, but limited to the experts’ identities, credentials, and topics upon which

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the experts will testify.

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C.

report(s) shall be extended from June 17, 2016 to July 28, 2016.

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Initial Expert Report. The deadline for the Parties to serve their initial expert

D.

Rebuttal Expert Disclosure. The deadline to disclose rebuttal experts shall remain

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July 18, 2016, but limited to the experts’ identities, credentials, and topics upon

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which the experts will testify.

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E.

F.

G.

H.

Dispositive Motions.

The deadline to file dispositive motions shall remain

Joint Pretrial Order. The deadline to file the Joint Pretrial Order shall remain
October 19, 2016.

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The parties may conduct expert depositions through

September 19, 2016.

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Expert Depositions.
September 7, 2016.

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The deadline for the Parties to serve rebuttal expert

report(s) shall be extended from July 28, 2016 to August 19, 2016.

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Rebuttal Expert Report.

I.

Pretrial Disclosures. The deadline to disclose witnesses under Rule 26(a)(3) of the

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Federal Rules of Civil Procedure and any objections thereto shall remain July 25,

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2015.

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The Parties represent that this stipulation is sought in good faith, is not interposed for delay,
and is not filed for an improper purpose.
Respectfully submitted this 14th day of June, 2016.
GREENBERG TRAURIG, LLP

GOZDECKI, DEL GIUDICE, AMERICUS,
FARKAS & BROCATO LLP

By: s/ Thomas S. Cargill
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169

By: s/ Steven H. Leech _____________
David S. Americus (admitted pro hac vice )
Steven H. Leech (admitted pro hac vice )
GOZDECKI, DEL GIUDICE, AMERICUS,
FARKAS & BROCATO LLP
One East Wacker Drive, Suite 1700
Chicago, IL 60601
Telephone: [phone]
Facsimile: 312.782.4324
E-mail: [e-mail]
[e-mail]

CHRISTI A. LAWSON, ESQ.
(admitted pro hac vice)
Thomas S. Cargill, Esq.
(pro hac vice pending)
FOLEY & LARDNER LLP
111 North Orange Ave., Suite 1800
Orlando, Florida 32801-2386

Jeff Silvestri (#5779)
Joseph P. Schrage (#11270)
McDONALD CARANO WILSON LLP
2300 W. Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone: [phone]
Facsimile: 702.874.9966
E-mail: [e-mail]
[e-mail]

Counsel for Plaintiff
Proficio Mortgage Ventures, LLC

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Counsel for Defendant Federal Savings Bank

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The Pretrial disclosure deadline is July 15, 2016.
ORDER

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IT IS SO ORDERED.

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Dated:

June 15, 2016

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U.S. MAGISTRATE JUDGE

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SUBMITTED BY:
GREENBERG TRAURIG, LLP
By: s/ Thomas S. Cargill
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
CHRISTI A. LAWSON, ESQ.
(admitted pro hac vice)
THOMAS S. CARGILL, Esq.
(admitted pro hac vice)
FOLEY & LARDNER LLP
111 North Orange Ave., Suite 1800
Orlando, Florida 32801-2386
Counsel for Plaintiff
Proficio Mortgage Ventures, LLC

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