Deutsche Bank National Trust Company v. Ventana Canyon Homeowners Association, Inc. et al

Filing 51

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)

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Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 1 of 4 1 2 3 4 5 6 7 8 MORRIS LAW CENTER SARAH A. MORRIS, ESQ. Nevada Bar No. 8461 TIMOTHY A. WISEMAN, ESQ. Nevada Bar No. 13786 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 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 17 18 19 20 21 22 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 23 IT IS HEREBY STIPULATED by and between Defendant Premier One Holdings, Inc 24 (“Premier One”), Defendant Sha Li (“Sha Li”), Defendant Tai Huan Chen (“Tai Huan 25 Chen”), Plaintiff Deutsche Bank National Trust Company, as Trustee Under the 26 1 231 Oxford Cloth Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 2 of 4 1 Pooling and Servicing Agreement Relating to IMPAC Secured Assets Corp., Mortgage 2 Pass-Through Certificates, Series 2006-4, (“Deutsche Bank”)1 and Defendant Ventana 3 Canyon Homeowners Association (“Ventana HOA”) (referred to collectively as the 4 parties) by and through their respective counsel to extend deadlines by 90 days from 5 now, up to and including, May 8, 2018, to allow the parties to complete necessary 6 discovery. 7 8 A. REASON FOR DEADLINES REQUEST FOR EXTENSION OF DISCOVERY A scheduling order may be modified upon a showing of good cause and with 9 10 11 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 12 not been reasonably foreseen at the time of the issuance of the scheduling order. See 13 Kuschner v. Nationstar Credit, Inc., 256 F.R.D. 684, 687 (E.D. Cal. 2009). Inadequate time 14 remains in the scheduling order to complete all discovery for this litigation. 15 16 17 18 19 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. 20 Additionally, Ventana HOA has recently noticed depositions for the Rule 21 30(b)(6) witness for Deutsche Bank, Mr. Rock Jung, and Mr. Matt Lubawy which are 22 scheduled to occur shortly before the currently scheduled end of discovery. Parties will 23 24 25 26 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. 2 231 Oxford Cloth Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 3 of 4 1 need additional time to conduct discovery based on the information learned from those 2 depositions. An extension shall also provide additional time to attempt settlement 3 4 negotiations in this matter. Accordingly, there is good cause to permit additional time for discovery here. 5 6 7 8 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). 9 2. Expert Deadlines. The prior deadline to make initial expert disclosures 10 expired August 22, 2016. As previously agreed, this deadline shall not be 11 12 extended. See ECF 45. 3. Rebuttal Expert Deadlines. the prior deadline to make initial expert 13 14 15 disclosures expired September 21, 2016. As previously agreed, this deadline shall not be extended. See ECF 45. 16 4. Dispositive Motion Deadline. The parties propose June 7, 2018 as the 17 new dispositive motions deadline, thirty days after the close of discovery. 18 5. Pre-trial Order. The parties propose that the date for filing of the joint 19 20 21 22 23 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 24 Court. The parties shall include the disclosures required pursuant to Fed. 25 R. Civ. P. 26(a)(3), and any objections thereto, within the pretrial order. 26 3 231 Oxford Cloth Case 2:16-cv-00584-GMN-PAL Document 50 Filed 02/08/18 Page 4 of 4 1 C. CONCLUSION 2 For the reasons outlines above, the parties respectfully request the Court enter 3 an order resetting the discovery deadlines and dispositive motion deadline as set forth. 4 5 6 7 8 9 10 11 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. 12 13 14 15 16 17 18 19 20 ORDER 21 22 IT IS SO ORDERED: 23 February 9, 2018 Dated_____________ 24 25 ___________________________________ UNITED STATES MAGISTRATE JUDGE 26 4 231 Oxford Cloth

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