Green Tree Servicing LLC v. Las Vegas Rental & Repair LLC et al

Filing 27

ORDER Denying 25 Stipulation to Modify the Scheduling Order. Discovery due by 11/5/2015. Motions due by 12/7/2015. Proposed Joint Pretrial Order due by 1/4/2016. Signed by Magistrate Judge Peggy A. Leen on 8/18/2015. (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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GREEN TREE SERVICING, LLC,

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Case No. 2:15-cv-00537-JAD-PAL
Plaintiff,

ORDER

v.
LAS VEGAS RENTAL & REPAIR, LLC, et
al.,
Defendants.

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Before the court is the parties’ Stipulation and Order to Modify the Scheduling Order

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(Dkt. #25). The parties request a 90-day extension of the discovery plan and scheduling order

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deadlines for Green Tree to depose persons most knowledgeable for Plaintiff, HOA and Red

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Rock, meet and confer on a subpoena response, and for Green Tree to further amend its

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complaint to allege violations of HERA after Chief Judge Navarro’s decision in Skylights LLC v.

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Byron, 2:15-cv-00043-GMN-VCF entered June 24, 2015. Additionally, the HOA intends to

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serve written discovery to Green Tree, depose any experts disclosed by the parties, and depose

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Green Tree’s Rule 30(b)(6) representative and conduct the deposition of BAC Home Loan

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Servicing, LLP Rule 30(b)(6) designee.

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designating experts expired well before the stipulation was filed and assert there is excusable

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neglect for the failure to timely seek an extension because they agree among themselves there is

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no prejudice to any party. They are only seeking a 90-day extension because of the “volume of

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cases and current demands in this area of the law,” and the request is made in good faith and

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without dilatory purpose.

The parties acknowledge that the deadline for

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The Nevada Supreme Court decided SFR Investments September 18, 2014. Chief Judge

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Navarro’s June 24, 2015 order in Skylights applied federal law to determine whether the Nevada
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super-priority lien statute could extinguish the lien of Fannie Mae or the Federal Housing

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Finance Administration. She found that 12 U.S.C. § 4617(j)(3) preempts N.R.S. § 116.3116 to

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the extent that a homeowner association’s foreclosure of its super-priority lien cannot extinguish

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a property interest of Fannie Mae or Freddie Mac while those entities are under FHFA’s

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conservatorship without FHFA’s consent. Therefore, the HOA’s foreclosure sale of its super-

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priority interest in the property did not extinguish Fannie Mae’s interest in the property secured

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by the Deed of Trust or convey the property free to the purchaser.

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The parties have had ample time to conduct discovery, and the HOA has not even

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initiated any discovery to date. Under these circumstances, the court is not satisfied that the

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parties have established good cause for a 90-day extension or that they have been sufficiently

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diligent in attempting to comply with the court’s discovery plan. The court will grant a 30 day

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extension of the deadlines and no further extensions will be allowed.

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IT IS ORDERED that the Stipulation and Order to Modify the Scheduling Order (Dkt.

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#25) is DENIED, and the deadlines established by the court’s discovery plan and scheduling

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order are extended as follows:

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Last date to complete discovery: November 5, 2015.

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2.

Last date to amend pleadings and add parties: Expired

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Last date to file interim status report: September 8, 2015.

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Last date to disclose experts pursuant to Fed. R. Civ. P. 26(a)(2): October 6,

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2015.

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Last date to disclose rebuttal experts: October 6, 2015.

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Last date to file dispositive motions: December 7, 2015.

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7.

Last date to file joint pretrial order: January 4, 2016. In the event dispositive

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motions are filed, the date for filing the joint pretrial order shall be suspended until 30

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days after a decision of the dispositive motions.

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8.

The disclosures required by Fed. R. Civ. P. 26(a)(3), and any objections thereto,

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shall be included in the pretrial order.

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DATED this 18th day of August, 2015.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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