Federal Deposit Insurance Corporation v. Nevada Title Company

Filing 50

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)

1
2
3
4
5
6

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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant

7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
AMTRUST BANK,

Case No.:

2:15-cv-02283-RFB-VCF

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

13

Plaintiff,

14
vs.
15
16

NEVADA TITLE COMPANY, a Nevada
corporation,

17
18

Defendant.

19
20
21

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES SUBMITTED
IN COMPLIANCE WITH LR 26-4 AND LR 6-1
(Second Request)

22

Defendant Nevada Title Company (“Nevada Title” or “Defendant”) and Plaintiff Federal

23

Deposit Insurance Company as Receiver for AmTrust Bank (“FDIC-R” or “Plaintiff”)

24

(collectively the “Parties”), by and through their undersigned counsel, hereby stipulate and agree

25

to extend the discovery deadlines from the current dates to those set forth herein and, pursuant to

26

LR 26-4 and LR 7-1, and in the form prescribed by LR IA 6-1 and 6-2, and submit this

27

stipulation to extend deadlines.

28

////
Page 1 of 5

1

A.

2

STATEMENT SPECIFYING THE DISCOVERY COMPLETED:
1.

Plaintiff

3

On February 27, 2017, Plaintiff produced its 26(a) Initial Disclosures.

4

On March 27, 2017, Plaintiff propounded its First Set of Interrogatories, First Set of

5

Requests for Admissions, and First Set of Requests for Production of Documents to Defendant

6

Nevada Title Company.

7
8

On April 25, 2017 Plaintiff sent an Amended Subpoena Duces Tecum to Stewart Title of
Nevada.

9

On April 15, 2017 Plaintiff sent a Subpoena Duces Tecum to Lawyers Title of Nevada.

10

Mortgage, and Stewart Title of Nevada.

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

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

13

for Production and First Set of Interrogatories in accordance with an agreement between the

14

parties. More than 6,000 pages of documents were produced. Subsequently, Plaintiff processed

15

and served an additional, smaller, supplemental set of documents for production.

16

2.

17
18

Defendant

On February 27, 2017 Defendant produced its Initial Disclosure of Witnesses and
Documents Pursuant to FRCP 26(A)(1).

19

On May 23, 2017 Nevada Title Company responded to Plaintiff’s First Set of Requests

20

for Admissions, First Set of Interrogatories and First Set of Requests for Production of

21

Documents.

22
23

On May 23, 2017 Defendant produced its First Supplemental Disclosure of Witnesses
and Documents.

24
25

On June 13, 2017 Defendant propounded on Plaintiff its First Set of Interrogatories and
Requests for Production of Documents.

26

Om July 6, 2017 Defendant produced their Second Supplemental Disclosure of Witnesses

27

and Documents.

28

////
Page 2 of 5

1

B.

STATEMENT SPECIFYING THE DISCOVERY THAT REMAINS TO BE
COMPLETED:

2
3

The following discovery remains:
Issuance of third-party subpoenas;

2.

Deposition of FDIC-R’s 30(b)(6) deponent(s);

6

3.

Deposition of Nevada Title’s 30(b)(6) deponent(s);

7

4.

Deposition of Joe Coppedge;

8

5.

Deposition of Orlando Villalba;

9

6.

Deposition of Kelly J. Lobeck;

10

7.

Deposition of Josh Weissbuch;

11

8.

Deposition of additional third party witnesses, as necessary;

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

1.

5

MARQUIS AURBACH COFFING

4

9.

Expert disclosures;

13

10.

Rebuttal disclosures;

14

11.

Deposition of experts;

15

12.

Further written discovery as needed; and

16

13.

Pursuing the responses to subpoenas issued by Defendant, none of which have

17

been responded to.

18

C.

19

REASONS WHY THE DEADLINE WAS NOT SATISFIED OR THE
REMAINING DISCOVERY WAS NOT COMPLETED WITHIN THE
TIME LIMITS SET BY THE DISCOVERY PLAN:

20

The Parties are in the process of scheduling the numerous depositions in this matter. A

21

number of third party witnesses have information relevant to the FDIC-R’s claims.

22

depositions of these witnesses must be scheduled for a mutually convenient time and subpoenas

23

served.

24

The

Further, this is a document intensive case. Nearly 10,000 pages of documents have

25

already been produced by both sides.

The damages sought by Plaintiff are significant:

26

$1.5million + interest. Plaintiff produced more than 6,000 pages of documents. Defendant’s

27

expert must review these documents and incorporate the relevant items into the expert report,

28

which at the moment, is due 3 weeks away. There are also a number of items that Plaintiff
Page 3 of 5

1

claims is not in their possession, and thus, Defendant must pursue these documents through other

2

means. Both Parties are also reviewing the discovery responses to ascertain what documents, if

3

any, must still be compelled.

4
5

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.

6

D.

A PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY:

7
8

The parties propose a fact discovery phase and expert discovery phase, such that once

9

fact discovery closes, the parties will then engage in expert discovery. The parties’ experience is

10

that this sort of procedure will streamline the process, reduce cost, and be more efficient.

12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11

Based upon the foregoing, the parties propose that all dates be extended ninety (90) days
as follows:

13
Item

Current Deadline

Proposed New Deadline

14
15

Close of Fact Discovery

February 8, 2018

March 8, 2018

Initial Expert Disclosures

December 8, 2017

March 22, 2018

18

Rebuttal Expert Disclosures

January 9, 2018

April 23, 2018

19

Close of Expert Discovery
N/A

May 7, 2018

March 9, 2018

June 11, 2018

April 10, 2018

July 10, 2018

16
17

20
21
22

Filing Dispositive Motions
Pretrial Order and Disclosures

23
24
25

////

26

////

27

////

28

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.

////
Page 4 of 5

1

This stipulation is entered into in good faith and not for the purposes of undue delay.

2
3

Dated this 16th day of November 2017.

Dated this 16th day of November 2017.

4

MARQUIS AURBACH COFFING

KOLESAR & LEATHAM

5

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

6
7
8
9
10

ORDER
12
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

11
IT IS SO ORDERED.
13
14
By:_______________________________
15
16

U.S. Magistrate Judge
11-17-2017
Dated ___________________________.

17
18
19
20
21
22
23
24
25
26
27
28
Page 5 of 5