Design 3.2 Trust v. Kennison et al

Filing 70

ORDER Granting Defendant's 47 Motion to Compel. Stipulated Protective Order due 02/18/2016. Signed by Magistrate Judge Carl W. Hoffman on 02/08/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:15-cv-01817-JAD-CWH Document 69 Filed 02/05/16 Page 1 of 2

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UNITED STATES DISTRICT COURT

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CLARK COUNTY, NEVADA

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DESIGN 3.2 TRUST,
Case No.: 2:15-cv-01817-JAD-CWH

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Plaintiff,
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vs.

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DANIEL T. KENNISON and MARIA J.
KENNISON, and DOES I through X, ROE
CORPORATIONS I through X, et al.

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Defendants.
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ORDER GRANTING DEFENDANTS’
MOTION TO COMPEL ADEPT
MANAGEMENT SERVICES AND
TORREY PINES HOMEOWNERS
ASSOCIATION TO PRODUCE
DOCUMENTS PURSUANT TO
SUBPOENA DUCES TECUM

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This matter involves claims to quiet title that are the result of an Torrey Pines
Homeowners Association’s (“HOA”) foreclosure sale as well as the Bank of New York

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Mellon’s foreclosure sale on real property located at 6213 Red Pine Court, Las Vegas, NV
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89130, APN # 125-26-111-026 (the “Property”). Defendants Daniel T. Kennison and Maria J.

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Kennison (“Defendants”) served the HOA and Adept Management Services (“Adept”) with a

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Subpoena Duces Tecum and subsequently filed an Emergency Motion to Compel Pursuant to

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LR 7-5 (Doc # 47). A hearing was held on February 4, 2016, before Magistrate Judge Hoffman.

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Having read the pleadings and papers and having heard oral argument, the Court finds and

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Fidelity National
Law Group
2450 St. Rose Pkwy., Ste. 100
Henderson, Nevada 89074
[phone]

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Case 2:15-cv-01817-JAD-CWH Document 69 Filed 02/05/16 Page 2 of 2

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orders that Defendants’ Motion to Compel is GRANTED and the HOA and Adept are ordered
to produce documents as follows:

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IT IS ORDERED that the HOA and Adept are required to produce all records and

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information, such as payments made, rejected, and/or offered, outstanding amounts owed, fees,

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costs and interest incurred, delinquent assessments, any super priority amounts owed, charged or

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offered, any sub-priority amounts owed, charged offered, any correspondences and
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communications regarding offers to pay, communications regarding the status of the account,

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delinquencies, and the foreclosure, and accounts ledgers regarding the same for January 1, 2007

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through to the date of the HOA’s foreclosure sale to Design 3.2 LLC on October 23, 2009 for

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real property located at 6213 Red Pine Court, Las Vegas, NV 89130.

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IT IS FURTHER ORDERED that the responsibility for identifying any confidential or

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financially sensitive documents and information, redacting such information, and how it should

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be treated is the responsibility of the Parties pursuant to the Stipulated Protective Order that the
Parties have been ordered to enter into within the next two (2) weeks, February 18, 2016.

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IT IS SO ORDERED

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8th
DATED this ____ day of February, 2016.
6.
_________________________________
____________________________
___ _
_
CARL W. HOFFMAN
ARL
HOFFMAN
MA
MA
UNITED STATES MAGISTRATE JUDGE
MAGISTRATE J
NITED
MA

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Fidelity National
Law Group
2450 St. Rose Pkwy., Ste. 100
Henderson, Nevada 89074
[phone]

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