Bank of New York Mellon v. SFR Investments Pool 1, LLC et al

Filing 52

ORDER granting 50 Stipulation Re Second Amended Notice of Rule 30(b)(6); Signed by Magistrate Judge Carl W. Hoffman on 2/28/2018. (Copies have been distributed pursuant to the NEF - JM)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
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, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for plaintiff and counter-defendant
The Bank of New York Mellon f/k/a The Bank
of New York, as Trustee for the
Certificateholders of the CWABS, Inc. AssetBacked Certificates, Series 2004-7

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTICIATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-7,

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Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC;
MONTAGNE MARRON COMMUNITY
ASSOCIATION; and ALESSI & KOENIG,
LLC,

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Defendants.
SFR INVESTMENTS POOL 1, LLC,
Counter/Cross Claimant,

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vs.

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2004-7; and JOHN
EDWARD BOSTAPH, JR., individual,

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Counter/Cross Defendants.

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44163414;1

Case No.: 2:16-cv-00847-GMN-CWH

STIPULATION AND ORDER RE:
SECOND AMENDED NOTICE OF RULE
30(b)(6) DEPOSITION OF THE BANK OF
NEW YORK MELLON F/K/A THE BANK
OF NEW YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-7

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Plaintiff and counter-defendant The Bank of New York Mellon f/k/a The Bank of New York,

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as Trustee for the Certificateholders of the CWABS, Inc. Asset-Backed Certificates, Series 2004-7

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(BoNYM) and defendant, counter- and cross-claimant SFR Investments Pool 1, LLC stipulate as

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follows:

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1.

SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on BoNYM on

January 23, 2018. The deposition is scheduled for February 27, 2018.
2.

SFR served a substantially similar notice of Rule 30(b)(6) deposition on Bank of

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America, N.A. (BANA) in Bank of Am., N.A. v. Falcon Pointe Ass'n et al, D. Nev. Case. No. 2:16-

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cv-00814-GMN-CWH, last December.

BANA, through Akerman LLP (who also represents

AKERMAN LLP

BoNYM in this case) initially disputed seven of the thirteen noticed topics: (1) topic 5, which seeks

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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information concerning BANA's alleged damages; (2) topic 6, which seeks information concerning

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what investigation, if any, BANA made into title or encumbrances before acquiring an interest in the

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deed of trust; (3) topic 7, which seeks information concerning what investigation, if any, BANA

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made into title or encumbrances before the HOA's foreclosure sale; (4) topic 8, which seeks

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information concerning BANA's acquisition of its interest in the note and deed of trust; (5) topic 9,

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which seeks information concerning BANA's "knowledge regarding creation, execution and

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recording" of the recorded assignment(s); (6) topic 11, which seeks information concerning BANA's

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communications with its "predecessor in interest" regarding the HOA's CC&Rs "and title or

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encumbrances;" and (7) topic 12, which seeks information concerning "[a]l facts and circumstances

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in which [BANA] contend[s] that [the HOA] and its foreclosure agent failed to comply" with NRS

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chapter 116 in conducting the foreclosure sale (collectively, the disputed topics).

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3.

BANA and SFR met and conferred concerning the disputed topics pursuant to L.R.

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26-7 in connection SFR's deposition notice in Falcon Pointe. SFR agreed to limit or withdraw four

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of the seven disputed topics based on the meet and confer. To avoid unnecessary fees and costs,

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BoNYM and SFR stipulate to apply the agreement BANA and SFR reached in the Falcon Pointe

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meet and confer to SFR's notice of deposition in this case as set forth below:

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a.

Topic 6: SFR's inquiry into topic 6 shall be limited to investigations into title

that revealed Montagne Marron Community Association's lien.
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b.

Topic 7: SFR's inquiry into topic 7 shall be limited to investigations into title

that revealed Montagne Marron Community Association's lien and/or foreclosure notices.

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c.

Topic 11: SFR's inquiry into topic 11 shall be limited to communications

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between BANA and its "predecessor in interest" regarding Montagne Marron Community

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Association's foreclosure notices, CC&Rs and lien.

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d.

Topic 12: SFR has already or will seek the information it seeks to obtain

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through deposition topic 12 via an interrogatory. BoNYM agrees to substantively respond to SFR's

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interrogatory subject to any written objections.

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BoNYM serves its interrogatory response.

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4.

SFR will withdraw deposition topic 12 when

BANA and SFR were unable to resolve their dispute concerning the remaining three

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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disputed topics (i.e., topics 5, 8 and 9) during their Falcon Pointe meet and confer but, to avoid

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litigation costs and unnecessarily burdening the Court with substantially-similar motions for

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protective order, agreed BANA would file only one motion per judicial combination (e.g., BANA

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would file a motion in Falcon Pointe, but would not file one in other cases assigned to Judges

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Navarro and Hoffman in which SFR served a deposition notice on BANA containing these same

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three topics), and the parties will apply the Court's ruling in other similarly-situated cases. BANA

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moved for a protective order in Falcon Pointe on January 24, 2018. The motion remains pending.

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5.

Pursuant to the agreement reached in the Falcon Pointe meet and confer, BoNYM

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and SFR agree the Court's order on BANA's motion for protective order in Falcon Pointe, D. Nev.

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Case No. 2:16-cv-00814-GMN-CWH, ECF No. 93, shall apply to SFR's notice of deposition in this

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case. SFR further stipulates BoNYM's deposition in this case is stayed as to all topics pending the

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Court's ruling on BANA's motion for protective order in Falcon Pointe. SFR and BoNYM will

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confer about a mutually-agreeable deposition date once an order enters in Falcon Pointe.

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6.

BoNYM and SFR jointly request the Court approve this stipulation as an order of the

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Court.

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This the 23rd day of February, 2018.

This the 23rd day of February, 2018.

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AKERMAN LLP

KIM GILBERT EBRON

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/s/ Darren T. Brenner, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Diana S. Ebron, Esq.
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for plaintiff and counter-defendant The Attorneys for defendant, counter- and crossBank of New York Mellon f/k/a The Bank of New claimant SFR Investments Pool 1, LLC
York, as Trustee for the Certificateholders of the
CWABS, Inc. Asset-Backed Certificates, Series
2004-7

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IT IS SO ORDERED.

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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February 28, 2018
DATED:_______________________________

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44163414;1

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CERTIFICATE OF SERVICE

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I certify on this 23rd day of February, 2018, pursuant to Fed. R. Civ. P. 5, I filed and served

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the foregoing STIPULATION AND ORDER RE: SECOND AMENDED NOTICE OF RULE

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30(b)(6) DEPOSITION OF THE BANK OF NEW YORK MELLON F/K/A THE BANK OF

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NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.

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ASSET-BACKED CERTIFICATES, SERIES 2004-7 via the Court's CM/ECF system on the

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following:

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Edward D. Boyack, Esq.
BOYACK ORME & ANTHONY
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for defendant Montagne Marron
Community Association
Diana S. Ebron, Esq.
Jacqueline A. Gilbert, Esq.
Karen L. Hanks, Esq.
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for defendant, counterclaimant and
cross-claimant SFR Investments Pool 1, LLC
Jeannette E. McPherson
SCHWARTZER & MCPHERSON LAW FIRM
2850 South Jones Boulevard, Suite 1100
Las Vegas, Nevada 89146
Attorneys for trustee Shelley D. Krohn

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/s/ Nick Mangels
An employee of AKERMAN LLP

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