Bank of America, N.A. v. Mesa Verde Homeowners Association et al

Filing 54

ORDER Granting 53 Stipulation to Take Certain Deposition Outside the Close of Discovery and to Stay Dispositive Motion Deadline. Signed by Magistrate Judge Nancy J. Koppe on 10/24/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 1 of 7

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LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
SIRIA L. GUTIERREZ, ESQ.
Nevada Bar No. 11981
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] - Telephone
[phone] – Facsimile
[e-mail]
[e-mail]

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Attorneys for MESA VERDE HOMEOWNERS ASSOCIATION

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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9900 Covington Cross Drive

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BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME SERVICING, LP,
Plaintiff,
v.

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CASE NO.: 2:15-cv-00498-JCM-NJK
STIPULATION AND ORDER TO TAKE
CERTAIN DEPOSITION OUTSIDE THE
CLOSE OF DISCOVERY AND TO STAY
DISPOSITIVE MOTION DEADLINE

MESA
VERDE
HOMEOWNERS
ASSOCIATION; SFR INVESTMENTS
POOL 1, LLC; ALESSI & KOENIG, LLC,
Defendants.
IT IS HEREBY STIPULATED by and between MESA VERDE HOMEOWNERS
ASSOCIATION, SFR INVESTMENTS POOL I LLC, ALESSI AND KOENIG, LLC, and
BANK OF AMERICA, N.A., by and through their respective counsels to take the FRCP
30(B)(6) Witness Deposition for Mesa Verde Homeowners Association and Alessi &
Koenig, LLC after discovery closes on October 10, 2016, and to stay the FRCP 30(B)(6)
Witness Deposition for Bank of America N.A (BANA) until the court rules on BANA’s
forthcoming motion for protective order. The parties also agree to stay the dispositive
motions deadline from November 9, 2016, to 60 days after the court’s decision on
BANA’s motion for protective order. In accordance with LR IA 6-1, the parties state that
this is the first request for extension of time.

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Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 2 of 7

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REASONS FOR NECESSITY OF STIPULATION

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The FRCP 30(b)(6) Deposition of Mesa Verde Homeowners Association was

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noticed to take place on October 5, 2016. However, the deponent was unavailable and

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will not be available until after the close of discovery, so the deposition could not go

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forward as noticed.

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The FRCP 30(b)(6) Deposition of Alessi & Koenig, LLC was also noticed to take

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place on October 5, 2016. However, the deponent failed to timely produce initial

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disclosures or respond to discovery requests, so the deposition could not go forward as

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noticed.
The FRCP 30(b)(6) Deposition of BANA was noticed by SFR Investment Pool I

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LLC (SFR) to take place on October 3, 2016. However, prior to the deposition, BANA

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informed SFR that BANA will file a motion for protective order on topics and location,

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9900 Covington Cross Drive

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and SFR has agreed to stay the deposition to allow the motion to be filed and resolved.

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Therefore, the deposition did not go forward as noticed. The deposition of BANA was

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subsequently moved to October 10, 2016. BANA intends to file a motion for protective

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order by October 14, 2016.

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As a result, the parties have agreed to take the FRCP 30(b)(6) Depositions of

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Mesa Verde Homeowners Association and Alessi & Koenig, LLC on or before October

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31, 2016. All other discovery has either been completed or will be completed in this

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matter with the exception of the above mentioned depositions and a motion to compel

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production of the original note and other relevant documents that SFR intends to file

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against BANA. The parties have participated in discovery in good faith, but were unable

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to conduct the scheduled depositions before the discovery cut off. The parties believe

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that allowing the specific depositions to take place outside of discovery is appropriate

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and necessary given the circumstances.

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Given the need to take the depositions of Mesa Verde Homeowners Association,

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Alessi & Koenig, and possibly BANA, outside the close of discovery, the parties agree to

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stay the dispositive motions deadline until 60 days after the deposition of BANA.
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Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 3 of 7

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The current deadline is November 9, 2016. The parties do not seek an extension

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of the pretrial order deadline, as there are pending motions for summary judgment and

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the parties anticipate filing additional motions for summary judgment in this matter,

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which will stay the pretrial order submittal deadline. As result, the parties’ have good

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cause to stay the dispositive motions deadline.

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The parties have excusable neglect for not filing this stipulation regarding the

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HOA’s, Alessi & Koenig’s, and BANA’s deposition 21 days before the close of discovery.

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“[T]he determination of whether neglect is excusable is an equitable one that depends

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on at least four factors: (1) the danger of prejudice to the opposing parties; (2) the

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length of the delay and its potential impact on the proceedings; (2) the reason for the

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delay; and (4) whether the movant acted in good faith.” Bateman v. U.S. Postal Service,

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231 F.3d 1220 (9th Cir. 2000).

9900 Covington Cross Drive

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There is no prejudice to any party with the filing of this stipulation at this time.

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The parties have been working together to coordinate the various schedules and

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depositions. The length of the delay is minimal considering the parties have abided by

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FRCP 1 and coordinated in an effort to reduce fees and costs, and all other discovery is

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or will be complete within the discovery period. The reason for this delay was the

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coordination efforts, which were all in good faith and the meet-and-confer efforts on the

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forthcoming discovery motions. Bank’s counsel also had a recent departure of counsel,

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which delayed the noticing of the HOA’s, Alessi & Koenig’s, and BANA depositions.

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Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 4 of 7

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DISCOVERY COMPLETED
Bank of America, N.A.’s Initial Disclosures Pursuant
to Federal Rule of Civil Procedure 26(a)(1)

June 16, 2016

SFR Investment Pool I, LLC’s 26(a) Disclosure of
Witnesses and Documents

June 10, 2016

Bank of America, N.A.’s First Supplemental Disclosures
Pursuant to Federal Rule of Civil Procedure 26(a)(1)

July 5, 2016

SFR Investment Pool I, LLC’s Initial Expert Disclosure

August 11, 2016

Bank of America, N.A.’s Initial Expert Disclosures
Pursuant to Federal Rule of Civil Procedure 26(a)(1)

August 11, 2016

SFR Investments Pool I, LLC’s Interrogatories to
Bank of America

August 20, 2016

Mesa Verde Homeowners Association’s Requests for
Admission to Bank of America, N.A.

August 22, 2016

Mesa Verde Homeowners Association’s Requests for
Production of Documents to Bank of America, N.A.

August 22, 2016

Mesa Verde Homeowners Association’s Interrogatories
to Bank of America, N.A.

August 22, 2016

Mesa Verde Homeowners Association’s Initial
Disclosures Pursuant to FRCP 26(a)

August 22, 2016

SFR Investments Pool I, LLC’s Requests for Admission
to Bank of America, N.A.

August 29, 2016

SFR Investments Pool I, LLC’s Requests for Production
of Documents to Bank of America, N.A.

August 29, 2016

Bank of America, N.A.’s Requests for Admission to
Alessi & Koenig, LLC

September 2, 2016

Bank of America, N.A.’s Requests for Production of
Documents to Alessi & Koenig, LLC

September 2, 2016

Bank of America, N.A.’s Interrogatories to
Alessi & Koenig, LLC

September 2, 2016

Bank of America, N.A.’s Requests for Admissions to
Mesa Verde Homeowners Association

September 2, 2016

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Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 5 of 7

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9900 Covington Cross Drive

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Bank of America, N.A.’s Requests for Production of
Documents to Mesa Verde Homeowners Association

September 2, 2016

Bank of America, N.A.’s Interrogatories to
Mesa Verde Homeowners Association

September 2, 2016

Bank of America N.A.’s Requests for Admission to
SFR Investment Pool I, LLC

September 2, 2016

Bank of America, N.A.’s Request for Production of
Documents to SFR Investments Pool I, LLC

September 2, 2016

Bank of America, N.A.’s Interrogatories to
SFR Investment Pool I, LLC

September 2, 2016

Bank of America, N.A.’s Second Supplemental
Disclosures Pursuant to Federal Rule of Civil
Procedure 26(a)(1)

September 2, 2016

Mesa Verde Homeowners Association and SFR
Investment Pool, I, LLC’s Joint Rebuttal Expert
Disclosure in accordance with FRCP 26(a)(2)

September 9, 2016

Bank of America, N.A.’s Responses to Mesa Verde
Homeowners Association’s Requests for Admission

September 27, 2016

Bank of America, N.A.’s Responses to Mesa Verde
Homeowners Association’s Requests for Production
of Documents

September 27, 2016

Bank of America, N.A.’s Responses to Mesa Verde
Homeowners Association’s Interrogatories

September 27, 2016

Bank of America N.A.’s Responses to SFR
Investments Pool I, LLC’s Request for Admission

September 27, 2016

Bank of America, N.A.’s Responses to SFR
Investments Pool I, LLC’s Requests for Production
of Documents

September 27, 2016

Bank of America, N.A.’s Responses to SFR
Investments Pool I, LLC’s Interrogatories

September 27, 2016

FRCP 30(b)(6) Deposition of SFR

October 5, 2016

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Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 6 of 7

PROPOSED SCHEDULE FOR REMAINING DISCOVERY AND DEADLINE

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FRCP 30(b)(6) Deposition of Mesa Verde Homeowners Association:
On or before October 31, 2016
FRCP 30(b)(6) Deposition of Alessi & Koenig:
On or before October 31, 2016

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FRCP 30(b)(6) Deposition of Bank of America, N.A.:
Stayed pending a decision on BANA’s motion for protective order that will be filed on or
before October 14, 2016.
Dispositive Motion Deadline:
Stayed until 60 days after the court rules on BANA’s forthcoming motion for protective
order.
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Case 2:16-cv-00498-JCM-NJK Document 53 Filed 10/21/16 Page 7 of 7

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Good cause exists to allow the HOA’s deposition to go forward outside the close

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of discovery and to stay the dispositive motion deadline 60 days until after a ruling on

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Bank of America’s protective order. This stipulation is made by the parties in good faith

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and not for the purpose of delay.

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Dated this 21st day of October, 2016

Dated this 21st day of October, 2016

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AKERMAN, LLP

KIM GILBERT EBRON

Ariel E. Stern, Esq.
Brett M. Coombs, Esq.
1160 Town Center Dr., Suite 330
Las Vegas, NV 89144
Attorneys for Bank of America, N.A.

Diana Cline Ebron, Esq. (NVB 10580)
Jacqueline A. Gilbert, Esq.
Karen L. Hanks, Esq.
7625 Dean Martin Dr., Suite 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool I, LLC

Dated this 21st day of October, 2016

Dated this 21st day of October, 2016

LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

ALESSI & KOENIG, LLC

Kaleb D. Anderson, Esq.
Siria L. Gutierrez, Esq.
9900 Covington Cross Dr., Suite 120
Las Vegas, NV 89144
Attorneys for Mesa Verde Homeowners
Association

Steven T. Loizzi, Jr., Esq.
9500 W. Flamingo Rd., Suite 205
Las Vegas, NV 89147
Attorney for Alessi & Koenig, LLC

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9900 Covington Cross Drive

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ORDER

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IT IS SO ORDERED.

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October 24
Dated this _____ day of ___________, 2016

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_____________________________________________________
UNITED STATES DISTRICT COURT MAGISTRATE JUDGE

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