Federal Deposit Insurance Corporation v. Nevada Title Company
Filing
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ORDER granting 49 Stipulation; Discovery due by 5/7/2018. Motions due by 6/11/2018. Proposed Joint Pretrial Order due by 7/10/2018. Signed by Magistrate Judge Cam Ferenbach on 11/17/2017. (Copies have been distributed pursuant to the NEF - JM)
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Marquis Aurbach Coffing
Terry A. Moore, Esq.
Nevada Bar No. 7831
Christian T. Balducci, Esq.
Nevada Bar No. 12688
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: (702) 382-0711
Facsimile: (702) 382-5816
tmoore@maclaw.com
cbalducci@maclaw.com
Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
AMTRUST BANK,
Case No.:
2:15-cv-02283-RFB-VCF
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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Plaintiff,
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vs.
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NEVADA TITLE COMPANY, a Nevada
corporation,
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Defendant.
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STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES SUBMITTED
IN COMPLIANCE WITH LR 26-4 AND LR 6-1
(Second Request)
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Defendant Nevada Title Company (“Nevada Title” or “Defendant”) and Plaintiff Federal
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Deposit Insurance Company as Receiver for AmTrust Bank (“FDIC-R” or “Plaintiff”)
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(collectively the “Parties”), by and through their undersigned counsel, hereby stipulate and agree
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to extend the discovery deadlines from the current dates to those set forth herein and, pursuant to
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LR 26-4 and LR 7-1, and in the form prescribed by LR IA 6-1 and 6-2, and submit this
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stipulation to extend deadlines.
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A.
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STATEMENT SPECIFYING THE DISCOVERY COMPLETED:
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Plaintiff
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On February 27, 2017, Plaintiff produced its 26(a) Initial Disclosures.
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On March 27, 2017, Plaintiff propounded its First Set of Interrogatories, First Set of
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Requests for Admissions, and First Set of Requests for Production of Documents to Defendant
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Nevada Title Company.
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On April 25, 2017 Plaintiff sent an Amended Subpoena Duces Tecum to Stewart Title of
Nevada.
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On April 15, 2017 Plaintiff sent a Subpoena Duces Tecum to Lawyers Title of Nevada.
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Mortgage, and Stewart Title of Nevada.
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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On April 13, 2017 Plaintiff sent a Subpoena Deces Tecum to Saxon Mortgage, Nationstar
On August 8, 2017 Plaintiff responded to Nevada Title Company’s First Set of Requests
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for Production and First Set of Interrogatories in accordance with an agreement between the
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parties. More than 6,000 pages of documents were produced. Subsequently, Plaintiff processed
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and served an additional, smaller, supplemental set of documents for production.
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2.
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Defendant
On February 27, 2017 Defendant produced its Initial Disclosure of Witnesses and
Documents Pursuant to FRCP 26(A)(1).
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On May 23, 2017 Nevada Title Company responded to Plaintiff’s First Set of Requests
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for Admissions, First Set of Interrogatories and First Set of Requests for Production of
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Documents.
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On May 23, 2017 Defendant produced its First Supplemental Disclosure of Witnesses
and Documents.
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On June 13, 2017 Defendant propounded on Plaintiff its First Set of Interrogatories and
Requests for Production of Documents.
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Om July 6, 2017 Defendant produced their Second Supplemental Disclosure of Witnesses
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and Documents.
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Page 2 of 5
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B.
STATEMENT SPECIFYING THE DISCOVERY THAT REMAINS TO BE
COMPLETED:
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The following discovery remains:
Issuance of third-party subpoenas;
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Deposition of FDIC-R’s 30(b)(6) deponent(s);
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3.
Deposition of Nevada Title’s 30(b)(6) deponent(s);
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4.
Deposition of Joe Coppedge;
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Deposition of Orlando Villalba;
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Deposition of Kelly J. Lobeck;
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Deposition of Josh Weissbuch;
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Deposition of additional third party witnesses, as necessary;
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
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MARQUIS AURBACH COFFING
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9.
Expert disclosures;
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10.
Rebuttal disclosures;
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Deposition of experts;
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12.
Further written discovery as needed; and
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Pursuing the responses to subpoenas issued by Defendant, none of which have
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been responded to.
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C.
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REASONS WHY THE DEADLINE WAS NOT SATISFIED OR THE
REMAINING DISCOVERY WAS NOT COMPLETED WITHIN THE
TIME LIMITS SET BY THE DISCOVERY PLAN:
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The Parties are in the process of scheduling the numerous depositions in this matter. A
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number of third party witnesses have information relevant to the FDIC-R’s claims.
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depositions of these witnesses must be scheduled for a mutually convenient time and subpoenas
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served.
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The
Further, this is a document intensive case. Nearly 10,000 pages of documents have
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already been produced by both sides.
The damages sought by Plaintiff are significant:
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$1.5million + interest. Plaintiff produced more than 6,000 pages of documents. Defendant’s
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expert must review these documents and incorporate the relevant items into the expert report,
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which at the moment, is due 3 weeks away. There are also a number of items that Plaintiff
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claims is not in their possession, and thus, Defendant must pursue these documents through other
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means. Both Parties are also reviewing the discovery responses to ascertain what documents, if
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any, must still be compelled.
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Finally, given the claims and defenses in this matter, it is most efficient, productive, and
practical to conduct expert discovery after the completion of fact discovery.
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D.
A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY:
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The parties propose a fact discovery phase and expert discovery phase, such that once
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fact discovery closes, the parties will then engage in expert discovery. The parties’ experience is
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that this sort of procedure will streamline the process, reduce cost, and be more efficient.
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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Based upon the foregoing, the parties propose that all dates be extended ninety (90) days
as follows:
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Item
Current Deadline
Proposed New Deadline
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Close of Fact Discovery
February 8, 2018
March 8, 2018
Initial Expert Disclosures
December 8, 2017
March 22, 2018
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Rebuttal Expert Disclosures
January 9, 2018
April 23, 2018
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Close of Expert Discovery
N/A
May 7, 2018
March 9, 2018
June 11, 2018
April 10, 2018
July 10, 2018
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Filing Dispositive Motions
Pretrial Order and Disclosures
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If dispositive motions are filed, the deadline for filing the joint pretrial order will be
suspended until 30 days after decision on the dispositive motions or further court
order.
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This stipulation is entered into in good faith and not for the purposes of undue delay.
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Dated this 16th day of November 2017.
Dated this 16th day of November 2017.
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MARQUIS AURBACH COFFING
KOLESAR & LEATHAM
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By:
/s/ Christian T. Balducci_______
Terry A. Moore, Esq.
Nevada Bar No. 7831
Christian T. Balducci, Esq.
Nevada Bar No. 12688
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorneys for Defendant
By: _/s/ Scott Fleming _______________
Scott D. Fleming, Esq.
Nevada Bar No. 005638
Bart Larsen, Esq.
Nevada Bar No. 008538
400 S. Rampart Boulevard, Ste 400
Las Vegas, Nevada 89145
Attorneys for Plaintiff
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ORDER
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10001 Park Run Drive
Las Vegas, Nevada 89145
(702) 382-0711 FAX: (702) 382-5816
MARQUIS AURBACH COFFING
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IT IS SO ORDERED.
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By:_______________________________
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U.S. Magistrate Judge
11-17-2017
Dated ___________________________.
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