Bank of America, N.A. v. Canyon Willow Trop Owners' Association et al

Filing 39

ORDER granting 38 Stipulation; Discovery due by 4/6/2018. Motions due by 5/6/2018. Proposed Joint Pretrial Order due by 6/3/2018. Signed by Magistrate Judge Nancy J. Koppe on 3/8/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01327-GMN-NJK Document 38 Filed 03/07/18 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
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]

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Attorneys for Plaintiff, Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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

Case No.: 2:16-cv-01327-GMN-NJK
STIPULATION AND ORDER TO
EXTEND DISCOVERY FOR LIMITED
PURPOSE AND TO EXTEND
DISPOSITIVE MOTION DEADLINE

Plaintiff,
v.

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(FIRST REQUEST)

CANYON WILLOW TROP OWNERS’
ASSOCIATION; VAN N. KABZENELL; and
NEVADA ASSOCIATION SERVICES, INC.,
Defendants.

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Plaintiff Bank of America, N.A. (BANA) (Plaintiff), files this stipulation to request the court

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to extend the close of discovery by thirty (30) days and to extend the dispositive motion and joint

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pretrial order deadlines accordingly. This is the parties' first request for an extension of the current

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discovery deadlines.

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This dispute follows a foreclosure sale conducted by Canyon Willow Trop Owners'

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Association (HOA). The parties seek quiet title and related relief as to the property foreclosed upon.

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The primary issue is whether BANA's deed of trust survived the foreclosure sale.

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On December 6, 2017, the court entered a Stipulated Discovery Plan and Scheduling Order
ECF No. 34 and set the following deadlines:

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(a)

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Discovery cut off: March 7, 2018.
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Case 2:16-cv-01327-GMN-NJK Document 38 Filed 03/07/18 Page 2 of 3

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(c)

Last date to make initial expert disclosures: January 5, 2018.

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(d)

Last date to make rebuttal expert disclosures: February 5, 2018.

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(e)

Last date to file dispositive motions: April 6, 2018.

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(f)

Last Day to file Pre-Trial Order: May 4, 2018

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The following discovery has been completed:

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1. BANA served its Initial Expert Disclosure on January 5, 2018.

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2. The HOA served its First Set of Requests for Admission, Interrogatories, and

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Requests for Production on BANA on February 2, 2018.

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3. The HOA served its Disclosure of Rebuttal Expert on February 5, 2018.

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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4. BANA served its First Set of Requests for Admission, Interrogatories, and

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Requests for Production on the HOA and Van N. Kabzenell on February 7, 2018.

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5. BANA served its First Subpoena Duces Tecum and Subpoena for Rule 30(b)(6)

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deposition on NAS on February 7, 2018.

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6. BANA served its First Amended Subpoena Duces Tecum and First Amended

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Subpoena for Rule 30(b)(6) deposition on NAS on February 15, 2018.

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The parties have all identified the need for extensions to respond to written discovery.

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Counsel for Van Kabzenell also recently notified BANA that Van Kabzenell is not available for the

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deposition previously scheduled for March 7, 2018, and the witness for Nevada Association Services

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is also not available to testify at a deposition until March 23, 2018. To allow time for each party to

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complete the written discovery and depositions, the parties stipulate to extending the discovery

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deadline thirty (30 days) from the date of the current discovery cutoff of March 7, 2018. The parties

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further stipulate to extending the dispositive motions deadline thirty (30) days from its current

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deadline of April 6, 2018, and the pre-trial order filing deadline thirty (30) days from its current

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deadline of May 4, 2018.

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The parties agree that discovery, dispositive motion, and pre-trial order deadlines will be
extended thirty (30) days, and the scheduling order deadlines will be extended to the following:

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(a).

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44281801;1
44308851;1

Discovery Cut Off: April 6, 2018.
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Case 2:16-cv-01327-GMN-NJK Document 38 Filed 03/07/18 Page 3 of 3

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(b).

Dispositive motions: May 6, 2018.

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(c).

Last Day to File Pre-Trial Order: June 3, 2018.

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DATED this 5th day of March, 2018.
LIPSON NEILSON COLE SELTZER & GARIN PC

THE LAW OFFICES OF CURTISS S. CHAMBERLAIN

/s/ Megan Hummel
Kaleb D. Anderson, Esq.
Megan H. Hummel, Esq.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144

/s/ Curtiss Chamberlain
Curtiss S. Chamberlain, Esq.
6887 West Charleston Blvd.
Las Vegas, Nevada 89103

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Attorneys for Van N. Kabzenell

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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 Canyon Willow Trop Owners’
Association
AKERMAN, LLP
/S/ Jamie K. Combs
Melanie D. Morgan, Esq.
Jamie K. Combs, Esq.
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

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Attorneys for Plaintiff Bank of America, N.A.

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NO FURTHER EXTENSIONS
WILL BE GRANTED.

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IT IS SO ORDERED.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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March 8, 2018
DATED: _________________________________

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