Deutsche Bank National Trust Company v. Ventana Canyon Homeowners Association, Inc. et al
Filing
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ORDER Granting 50 First Stipulation to Extend Discovery. Discovery due by 5/8/2018. Motions due by 6/7/2018. Proposed Joint Pretrial Order due by 7/7/2018. Signed by Magistrate Judge Peggy A. Leen on 2/9/2018. (Copies have been distributed pursuant to the NEF - SLD)
Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 1 of 4
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MORRIS LAW CENTER
SARAH A. MORRIS, ESQ.
Nevada Bar No. 8461
sarah@morrislawcenter.com
TIMOTHY A. WISEMAN, ESQ.
Nevada Bar No. 13786
tim@morrislawcenter.com
5450 W. Sahara Ave. Ste 330
Las Vegas, NV 89146
Telephone: (702) 850-7798
Facsimile: (702) 850-7998
Attorneys for Premier One Holdings, Inc.
Sha Li, and Tai Huang Chen
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE UNDER THE
POOLING
AND
SERVICING
AGREEMENT RELATING TO IMPAC
SECURED ASSETS CORP., MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES
2006-4,
Case No.: 2:16-cv-00584-GMN-PAL
Plaintiff,
vs.
VENTANA CANYON HOMEOWNERS
ASSOCIATION,
INC.;
NEVADA
ASSOCIATION SERVICES, INC.; PREMIER
ONE
HOLDINGS,
INC.;
LIQUN
HOLDINGS LIMITED; SHA LI, an
individual: TAI HUANG CHEN, an
individual,
Defendants.
STIPULATION AND ORDER TO EXTEND DISCOVERY
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IT IS HEREBY STIPULATED by and between Defendant Premier One Holdings, Inc
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(“Premier One”), Defendant Sha Li (“Sha Li”), Defendant Tai Huan Chen (“Tai Huan
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Chen”), Plaintiff Deutsche Bank National Trust Company, as Trustee Under the
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231 Oxford Cloth
Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 2 of 4
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Pooling and Servicing Agreement Relating to IMPAC Secured Assets Corp., Mortgage
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Pass-Through Certificates, Series 2006-4, (“Deutsche Bank”)1 and Defendant Ventana
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Canyon Homeowners Association (“Ventana HOA”) (referred to collectively as the
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parties) by and through their respective counsel to extend deadlines by 90 days from
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now, up to and including, May 8, 2018, to allow the parties to complete necessary
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discovery.
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A. REASON FOR
DEADLINES
REQUEST
FOR
EXTENSION
OF
DISCOVERY
A scheduling order may be modified upon a showing of good cause and with
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the court’s consent. Fed. R. Civ. P. 16(b)(4); LR 26-4. Good cause may be found if the
parties can show they could not comply with the schedule due to the matter that could
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not been reasonably foreseen at the time of the issuance of the scheduling order. See
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Kuschner v. Nationstar Credit, Inc., 256 F.R.D. 684, 687 (E.D. Cal. 2009). Inadequate time
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remains in the scheduling order to complete all discovery for this litigation.
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The timelines previously proposed by the parties due to the administrative stay
have proven inadequate to conduct full discovery. See ECF 45. Specifically, counsel has
encountered scheduling difficulties with respect to the depositions of the Rule 30(b)(6)
witnesses for Premier One Holdings and NAS.
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Additionally, Ventana HOA has recently noticed depositions for the Rule
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30(b)(6) witness for Deutsche Bank, Mr. Rock Jung, and Mr. Matt Lubawy which are
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scheduled to occur shortly before the currently scheduled end of discovery. Parties will
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1 Consistent with ECF 45, Deutsche Bank’s consent to this stipulation shall not be
construed as waiving any right to request that discovery be stayed or to seek
summary judgment prior to the end of discovery.
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Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 3 of 4
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need additional time to conduct discovery based on the information learned from those
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depositions. An extension shall also provide additional time to attempt settlement
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negotiations in this matter. Accordingly, there is good cause to permit additional time
for discovery here.
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B. PROPOSED SCHEDULE FOR COMLETING DISCOVERY
1. Discovery Cut Off Date. The parties request the discovery be extended
until Monday, May 8, 2018 (current deadline February 28, 2018).
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2. Expert Deadlines. The prior deadline to make initial expert disclosures
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expired August 22, 2016. As previously agreed, this deadline shall not be
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extended. See ECF 45.
3. Rebuttal Expert Deadlines. the prior deadline to make initial expert
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disclosures expired September 21, 2016. As previously agreed, this
deadline shall not be extended. See ECF 45.
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4. Dispositive Motion Deadline. The parties propose June 7, 2018 as the
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new dispositive motions deadline, thirty days after the close of discovery.
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5. Pre-trial Order. The parties propose that the date for filing of the joint
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pretrial order shall not be later than July 7, 2018, thirty days after the date
set for filing dispositive motions. If dispositive motions are filed, the date
for filing the joint pretrial order shall be suspended until thirty (30) days
after decision on the dispositive motions or until further order of this
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Court. The parties shall include the disclosures required pursuant to Fed.
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R. Civ. P. 26(a)(3), and any objections thereto, within the pretrial order.
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C. CONCLUSION
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For the reasons outlines above, the parties respectfully request the Court enter
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an order resetting the discovery deadlines and dispositive motion deadline as set forth.
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DATED: February 7, 2018
DATED: February 8, 2018
By: /s/ Timothy A. Wiseman
SARAH A. MORRIS, ESQ.
Nevada Bar No. 8461
TIMOTHY A. WISEMAN, ESQ.
Nevada Bar No. 13786
MORRIS LAW CENTER
540 W. Sahara Ave, Suite 330,
Las Vegas, NV 89146
Attorneys for Sha Li, Tai Huan Chen and
Premier One Holdings
By: /s/ David T. Gluth
DAVID T. GLUTH, ESQ.
Nevada Bar No 10596
PHIL WEN-SHENG SU, ESQ.
Nevada Bar No. 10450
GORDON REES SCULLY MANSUKHANI
LLP
300 S. Fourth St. Suite 1550
Las Vegas, Nevada 89101
Attorneys for Ventana Homeowners
Association, Inc.
DATED: February 7, 2018
DATED: February 7, 2018
By: /s/ Jamie K. Combs
DARREN T. BRENNER, ESQ.
Nevada Bar No.8386
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for Deutsche Bank
National Trust Company
By: /s/ Brandon Wood
BANDON WOOD, ESQ.
Nevada Bar No. 12900
6224 West Desert Inn Road
Las Vegas Nevada 89146
Attorneys for Nevada Association Services,
Inc.
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ORDER
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IT IS SO ORDERED:
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February 9, 2018
Dated_____________
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___________________________________
UNITED STATES MAGISTRATE JUDGE
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