RJRN Holdings LLC v. Davis et al

Filing 27

ORDER Granting 26 Joint Motion for Extension of Discovery and Related Deadlines (Second Request). Discovery due by 6/28/2016. Motions due by 7/27/2016. Proposed Joint Pretrial Order due by 8/26/2016. Signed by Magistrate Judge Nancy J. Koppe on 03/03/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:15-cv-01257-JCM-NJK Document 26 Filed 03/03/16 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Victoria L. Hightower, Esq.
Nevada Bar No. 10897
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants, BAC Home Loans
Servicing, LP fka Countrywide Home Loans
Servicing, LP and Carrington Mortgage
Services

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RJRN HOLDINGS LLC,

Case No.: 2:15-cv-01257-JCM-NJK

Plaintiff,
vs.

JOINT MOTION FOR EXTENSION OF
DISCOVERY AND RELATED
RHONDA DAVIS; BAC HOME LOANS
SERVICING, LP, FKA COUNTRYWIDE HOME DEADLINES
LOANS SERVICING, LP; CARRINGTON
MORTGAGE SERVICES; HACIENDA NORTH
HOMEOWNERS’ ASSOCIAITON; and DOES 1 (Second Request)
through 10, inclusive; ROE CORPORATIONS 1
through 10, inclusive,

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Defendants.

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Plaintiff RJRN HOLDINGS, LLC

(“Plaintiff’) and Defendants BAC HOME LOANS

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SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP; (“BAC”),

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CARRINGTON

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(“DAVIS”), by and through their respective counsel, hereby respectfully move the Honorable

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Court to extend the dates in the discovery plan and scheduling order in this matter for 120 days,

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as set forth herein.

MORTGAGE

SERVICES

(“CARRINGTON”);

RHONDA

DAVIS

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The Motion is made pursuant to LR 6-1, LR 26-1, and 26-4 and is based upon the

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following Memorandum of Points and Authorities, the pleadings on file, and any argument the

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Court may entertain.

Case 2:15-cv-01257-JCM-NJK Document 26 Filed 03/03/16 Page 2 of 4

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MEMORANDUM OF POINTS AND AUTHORITIES

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Plaintiff filed its original Complaint on June 16, 2015, and BAC and Carrington filed a

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Petition for Removal on July 2, 2015 [Doc #1]. BAC and Carrington filed their Motion to

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Dismiss the Complaint on September 2, 2015 [Doc #9].
An Order approving the parties’ joint proposed scheduling order was entered on

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November 17, 2015 [Doc #18]. No trial date has been set.

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The parties herein now respectfully request that the deadlines set forth in Doc #18 be

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extended for a period of approximately one hundred twenty (120) days, as more fully set forth in

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the proposed schedule.

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The parties request this extension as an additional party seeks to

intervene in this action, and discovery will need to be completed as to the additional party.
A. Statement of Discovery Completed

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1.

The parties participated in a FRCP 26(f) conference.

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2.

BAC and Carrington provided their initial disclosures and produced documents

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pursuant to FRCP 26(a)(1) on November 25, 2015. Plaintiff provided its initial disclosures and

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produced documents pursuant to FRCP 26(a)(1) on December 2, 2015.
3.

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for production of documents, and requests for admissions.
4.

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5.

The parties conferred regarding the need for additional discovery on February 29,

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Based on the intervention of third party buyer, RH Kids, LLC, the parties agree

2016.

that there is a need for additional time for discovery.
B. Discovery to be Completed

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Defendant served written discovery on Plaintiff, including interrogatories, request

for production of documents, and requests for admissions.

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Plaintiff served written discovery on Defendant, including interrogatories, request

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BAC and Carrington intend to notice the deposition of Plaintiff and the HOA and

HOA Trustee.

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2.

Subpoenas Duces Tecum will be propounded on the HOA and the HOA Trustee

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3.

Deposition of Plaintiff

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accounting and telephonic audio recordings.

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Deposition of Carrington’s person most knowledgeable regarding Plaintiff’s

loan’s accounting and telephonic audio recordings.

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Deposition of BAC’s persons most knowledgeable regarding Plaintiff’s loan’s

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Production of electronic communications identified at Defendant’s persons most

knowledge deposition.

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Discovery requests to the third party buyer, RH Kids, LLC.

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Deposition of the Person Most Knowledgeable of the third party buyer, RH Kids,

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Follow up discovery after aforementioned depositions taken by Plaintiff and,

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LLC.

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depositions of other relevant parties based on additional testimony at Defendant’s future FRCP

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30(b)(6) deposition.

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C. Reasons for Not Completing Discovery

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The parties reasonably believed that they could complete discovery prior to the discovery

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deadline, but it subsequently came to BAC and Carrington’s attention that the property was sold

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to a third party, RH Kids, LLC. RH Kids, LLC has intervened in this matter. As such,

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additional discovery will need to be conducted. Further, given that no depositions have yet to

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take place, extending the discovery deadline would be in the best interests of all parties.

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D. Proposed Discovery Schedule

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A.

Discovery shall be completed on or before June 28, 2016.

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B.

Expert disclosures in compliance with FRCP 26(a)(2) shall be made on or before

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April 29, 2016.

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C.

Disclosures regarding rebuttal experts shall be made no later than May 30, 2016.

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D.

An interim status report shall be filed by the parties no later than April 28, 2016

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E.
All dispositive motions shall be filed and served on or before July 27, 2016
Unless the district judge
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F.
Motions in limine may be filed at any time up to 30 days prior to trial.
orders otherwise,
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G.
The joint pretrial order shall be filed by the parties no later than August 26, 2016.
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In the event dispositive motions are filed, the date for filing the joint pretrial order shall be

Case 2:15-cv-01257-JCM-NJK Document 26 Filed 03/03/16 Page 4 of 4

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suspended to a date which is 30 days after the decision on the dispositive motions or until further

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order of the Court.

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H.

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Requests to extend any date set by the discovery plan, scheduling order, or other

order, shall be made subject to and in accordance with the requirements of LR 26-4.

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CONCLUSION
Based on the foregoing, all parties to this litigation respectfully jointly request that the

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current discovery plan and scheduling order be extended as set forth herein.

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Dated this 3rd day of March, 2016.

Dated this 3rd day of March, 2016.

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LAW OFFICE OF MIKE BEEDE, PLLC

WRIGHT, FINLAY & ZAK

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/s/ Zachary Clayton

/s/ Victoria Hightower

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Michael Beede Esq.
Nevada Bar No. 13068
Zachary Clayton, Esq.
Nevada Bar No. 13464
7854 W. Sahara Ave.
Las Vegas, Nevada 89117

Edgar C. Smith, Esq.
Nevada Bar No. 5506
Victoria Hightower, Esq.
Nevada Bar No. 10897
7785 W. Sahara Avenue, Suite 200
Las Vegas, Nevada 89117

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Attorneys for Plaintiff RJRN Holdings, LLC

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IT IS SO ORDERED

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__________
___
___________
_______________________________________
E MAGISTRATE
UNITED STATES MAGISTRA JUDGE
STATES MAG

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March 3, 2016
Dated: _________________________________

Attorneys for Defendants BAC Home Loans
Servicing, LP fka Countrywide Home Loans
Servicing, LP and Carrington Mortgage
Services