Nationstar Mortgage, LLC v. Giavanna Homeowners Association et al

Filing 87

ORDER granting in part and denying in part 59 Emergency Motion for Protection from its Deposition and Motion for Sanctions. Signed by Magistrate Judge Carl W. Hoffman on 3/1/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-01992-LDG-CWH Document 85 Filed 02/28/17 Page 1 of 6

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
TENESA S. SCATURRO, ESQ.
Nevada Bar No. 12488
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for plaintiff and counter-defendant
Nationstar Mortgage LLC and crossdefendant Bank of America, N.A.

AKERMAN LLP

UNITED STATES DISTRICT COURT

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

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DISTRICT OF NEVADA

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NATIONSTAR MORTGAGE LLC,

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v.
GIAVANNA
HOMEOWNERS
ASSOCIATION; and SFR INVESTMENTS
POOL 1, LLC; DOE INDIVIDUALS I-X; and
ROE CORPORATIONS I-X, inclusive,

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Defendants.

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SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,

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Counter/Cross Claimant,
v.
NATIONSTAR MORTGAGE LLC, a Delaware
limited liability company; BANK OF
AMERICA, N.A., a national association; JONI
MCGRIFF HOWARD, an individual; and
KENYON HOWARD, an individual,
Counter/Cross Defendants.

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2:15-cv-01992-LDG-CWH

Plaintiff,

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Case No.:

{40243065;1}

[PROPOSED] ORDER GRANTING IN
PART AND DENYING IN PART
NATIONSTAR
MORTGAGE
LLC'S
EMERGENCY
MOTION
FOR
PROTECTION FROM ITS 30(b)(6)
DEPOSITION AND MOTION FOR
SANCTIONS [ECF NO. 59]

Case 2:15-cv-01992-LDG-CWH Document 85 Filed 02/28/17 Page 2 of 6

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GIAVANNA
ASSOCIATION,

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HOMEOWNERS
Third-Party Plaintiff,

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v.

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NEVADA ASSOCIATION SERVICES, INC.,

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AKERMAN LLP

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

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Third-Party Defendant.
Plaintiff and counter-defendant Nationstar Mortgage LLC's emergency motion for protection
from its Rule 30(b)(6) deposition and motion for sanctions, ECF No. 59, came on for hearing on
November 30, 2016, at 9:00 a.m. Natalie Winslow appeared for Nationstar and Diana Cline Ebron
appeared for defendant, counter- and cross-claimant SFR Investments Pool 1, LLC. After reviewing
the parties' briefing, noting Nationstar's motions present identical issues to a motion CitiMortgage,
Inc. filed in CitiMortgage, Inc. v. Mission Hills Homeowners Ass'n, Case No. 2:16-cv-374-JCMCWH, and hearing from counsel, the Court finds as follows:
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SFR's topic 1 requests testimony on:

Your knowledge of the events and circumstances of the proceedings leading up to and
including the Association foreclosure sale, including Your knowledge/notice of the
foreclosure proceedings (from the Association or otherwise) and all communications
about the Association lien/foreclosure/Borrowers' delinquency with Your agents, the
Borrowers, the Association, NAS and/or internally.
This topic should be limited to testimony regarding Nationstar and its predecessor's efforts to tender
the super-priority portion of Giavanna Homeowner Association's lien.
2.

SFR's topic 2 requests testimony on:

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Your standing—currently and at the time of the Association foreclosure sale—to
enforce the First Deed of Trust/underlying promissory note and the transaction(s)
through which You obtained your interest in the First Deed of Trust/underlying
promissory note.
This topic should be limited to testimony regarding Nationstar's interest in the First Deed of Trust.

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3.

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All actions You allege You took before the Association foreclosure sale to protect
Your interest in the Property as it relates to the Association's lien including written
agreement(s) with the Borrowers, communications with the Borrowers,
communications with the Association/NAS, attendance at the sale, any payments
made to the Association/NAS and civil/administrative actions challenging the
Association's lien.

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{40243065;1}

SFR's topic 3 requests testimony on :

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Case 2:15-cv-01992-LDG-CWH Document 85 Filed 02/28/17 Page 3 of 6

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This topic should be protected because it is redundant of SFR's deposition topic 1.

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4. SFR's topic 4 requests testimony on:

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The foreclosure proceedings related to the first deed of trust.
This topic should be protected because it is not proportional to the needs of the case.

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5. SFR's topic 5 requests testimony on:

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Your policies and procedures for processing and maintaining documents and
communications related to the Association lien/foreclosure received via mail, email,
from counsel, or any other means. This topic is limited to practices and procedures
that were/are applicable to the Property from origination to present.

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This topic should be protected because it is not proportional to the needs of this case.
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6. SFR's topic 6 requests testimony on:

AKERMAN LLP

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

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Your policies and procedures applicable to the Property for handling association liens
from the time the Association recorded its notice of default to the date of the
Association foreclosure sale.

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This topic should be protected because it is not proportional to the needs of the case.
7. SFR's topic 7 requests testimony on:

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Your knowledge and understanding of the transaction(s) through which any other
entity besides You, currently claims or claimed at the time of the Association
foreclosure sale, an interest in the First Deed of Trust/underlying promissory note.

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This topic should be limited to testimony regarding the identity of the beneficiary of the First Deed
of Trust at the time Giavanna Homeowners Association foreclosed, the identity of the current
beneficiary of the First Deed of Trust, the identity of any other entities who may have an interest in
the First Deed of Trust, and the nature of any interest held by any other entities who have an interest
in the First Deed of Trust.
8. SFR's topic 8 requests testimony on:

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Any action(s) You took to notify third parties, including SFR, of pre-sale dispute
between You and the Association and/or NAS.

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This topic should be protected because it is not proportional to the needs of this case.

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Case 2:15-cv-01992-LDG-CWH Document 85 Filed 02/28/17 Page 4 of 6

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9.

Nationstar requested the Court enter an order confirming Nationstar's witness may

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testify in-person in Dallas, Texas or via video conference. The Court finds a video conference

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deposition is appropriate. SFR may travel to the witness's location if it desires to take a deposition

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in-person, but Nationstar's witness should not be required to travel to Las Vegas.

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10.

The Court finds Nationstar had substantial justification for filing its motion. Neither

party should be awarded attorneys' fees or costs in connection with Nationstar's motion.

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NOW, THEREFORE, IT IS ORDERED as follows:

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for sanctions, ECF No. 59, is GRANTED IN PART and DENIED IN PART.

AKERMAN LLP

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

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2.

SFR's topic 1 is limited to testimony regarding Nationstar and its predecessor's efforts

to tender the super-priority portion of Giavanna Homeowner Association's lien.

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Nationstar's emergency motion for protection from its 30(b)(6) deposition and motion

3.

SFR's topic 2 is limited to testimony regarding Nationstar's interest in the First Deed

of Trust.

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4.

SFR's topics 3, 4, 5, 6, and 8 are protected and stricken from SFR's deposition notice.

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5.

SFR's topic 7 is limited to testimony regarding the identity of the beneficiary of the

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First Deed of Trust at the time Giavanna Homeowners Association foreclosed, the identity of the

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current beneficiary of the First Deed of Trust, the identity of any other entities who may have an

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interest in the First Deed of Trust, and the nature of any interest held by any other entities who have

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an interest in the First Deed of Trust.

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6.

Nationstar's witness need not travel to Las Vegas to attend a Rule 30(b)(6) deposition.

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SFR may either travel to the witness's location or conduct the deposition by video conference.

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Case 2:15-cv-01992-LDG-CWH Document 85 Filed 02/28/17 Page 5 of 6

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7.

Neither Nationstar nor SFR are awarded attorneys' fees or costs.

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1st
March
SO ORDERED, this the ____ of __________________, 2017.

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_______________________________________
The Honorable Carl W. Hoffman
United States Magistrate Judge

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SUBMITTED BY:

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/s/ Tenesa S. Scaturro, Esq.
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
TENESA S. SCATURRO, ESQ.
Nevada Bar No. 12488
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]

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AKERMAN LLP

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

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Attorneys for plaintiff and counter-defendant
Nationstar Mortgage LLC and cross-defendant
Bank of America, N.A.
APPROVED AS TO FORM:

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This the 28th day of February, 2017.

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/s/ Diana Cline Ebron, Esq.
DIANA CLINE EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]

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Attorneys for defendant, counterclaimant and
cross-claimant SFR Investments Pool 1, LLC

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{40243065;1}

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Case 2:15-cv-01992-LDG-CWH Document 85 Filed 02/28/17 Page 6 of 6

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CERTIFICATE OF SERVICE

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I certify on the 28th day of February, 2017, pursuant to Federal Rule of Civil Procedure 5, I

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filed and served a true and correct copy of the foregoing [PROPOSED] ORDER GRANTING IN

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PART AND DENYING IN PART NATIONSTAR MORTGAGE LLC'S EMERGENCY

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MOTION FOR PROTECTION FROM ITS 30(b)(6) DEPOSITION AND MOTION FOR

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SANCTIONS [ECF NO. 59] via the Court's CM/ECF system on the following:

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Edward D. Boyack, Esq.
Colli McKiever, Esq.
BOYACK ORME & TAYLOR
401 N. Buffalo Drive #202
Las Vegas, Nevada 89145

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AKERMAN LLP

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

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Attorney for Giavanna Homeowners Association

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Diana Cline Ebron, Esq.
Jacqueline A. Gilbert, Esq.
Karen L. Hanks, Esq.
Howard C. Kim
Trella N. McLean
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

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Attorneys for SFR Investments Pool 1, LLC

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/s/ Nick Mangels
An employee of AKERMAN LLP

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{40243065;1}

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