U.S. Bank National Association v. Saticoy Bay LLC, Series 5526 Moonlight Garden Street

Filing 30

ORDER granting 29 Stipulation to Extend Deadlines. Discovery due by 3/26/2018. Motions due by 4/25/2018. Signed by Magistrate Judge Carl W. Hoffman on 12/14/2017. (Copies have been distributed pursuant to the NEF - MMM)

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Corrine P. Murphy, Esq.
Nevada Bar No. 10410
7785 West Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorney for Plaintiff, USROF III Legal Title Trust 2015-1, By U.S. Bank National Association,
as Legal Title Trustee

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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USROF III LEGAL TITLE TRUST 2015-1, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

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Plaintiff,

Case No.: 2:16-cv-01346-JCM-CWH

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

vs.

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SATICOY BAY LLC, SERIES 5526
MOONLIGHT GARDEN STREET,

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Defendant.

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Plaintiff, USROF III LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL

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ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank” or “Plaintiff”), and Defendant,

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SATICOY BAY LLC, SERIES 5526 MOONLIGHT GARDEN STREET (“Saticoy” or

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“Defendant”) (collectively, the “Parties”), by and through their respective counsels of record,
hereby submit the following Stipulation and Order to extend the discovery deadlines.
A. DISCOVERY COMPLETED TO DATE:
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On September 14, 2017, the Court filed a Scheduling Order [ECF No. 22] setting

forth the following discovery deadlines:

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Close of Discovery:

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December 26, 2017

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Motion to Amend Deadline: September 27, 2017

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Initial Expert Disclosure:

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Rebuttal Expert Disclosure: July 14, 20172

June 15, 20171

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Dispositive Motion Deadline: January 25, 2018

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2.

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February 15, 2017.

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Saticoy served its FRCP 26(f) Conference List of Witnesses and Documents on

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U.S. Bank served its FRCP 26(f) Conference List of Witnesses and Documents

on March 1, 2017.

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4.

Saticoy served its First Set of Interrogatories to U.S. Bank on March 7, 2017.

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5.

Saticoy served its First Request for Admissions to U.S. Bank on March 7, 2017.

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6.

Saticoy served its First Request for Production of Documents to U.S. Bank on

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March 7, 2017.

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7.

U.S. Bank served its Expert Disclosure on June 9, 2017.

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Saticoy served its Rebuttal Expert Disclosure on July 7, 2017

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U.S. Bank served its First Set of Interrogatories to Saticoy on November 22,

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U.S. Bank served its First Set of Requests for Production of Documents to

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2017.

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Saticoy on November 22, 2017.
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11.

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U.S. Bank served its First Set of Requests for Admissions to Saticoy on

November 22, 2017.

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Unchanged from the 2/17/2017 Scheduling Order [ECF No. 17].
Unchanged from the 2/17/2017 Scheduling Order [ECF No. 17].

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12.

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U.S. Bank answered Saticoy’s First Request for Admissions on November 28,

13.

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U.S. Bank served a Subpoena Duces Tecum on Timber Creek Homeowners

2017.

Association on November 30, 2017.

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U.S. Bank served a Subpoena Duces Tecum on Nevada Association Services on

November 30, 2017.
B. DISCOVERY ANTICIPATED TO BE COMPLETED IN THE FUTURE:
1. Depositions of Fact and Percipient Witnesses.

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2. Written discovery by potentially added HOA and HOA Trustee.

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3. U.S. Bank to respond to remaining outstanding written discovery from Saticoy.

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4. Saticoy to respond to remaining outstanding written discovery from U.S. Bank.

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C. REASONS WHY DISCOVERY SHOULD BE EXTENDED:

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The Parties are conducting discovery in this matter. A NRED mediation with the Timber
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Creek Homeowners Association (the “HOA”) and its Trustee, Nevada Association Services

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(“HOA Trustee”), was completed. The NRED mediation, a prerequisite to U.S. Bank seeking to

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add the HOA or HOA Trustee, was not successful. As a result, U.S. Bank sought leave of this

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Court to file a First Amended Complaint [ECF No. 24] (“FAC”) naming the HOA and HOA

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Trustee as Defendants. Saticoy opposed the motion on the grounds the proposed FAC contained

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previously dismissed causes of action against Saticoy. [ECF No. 26, 2:13-3:14]. U.S. Bank

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replied, attaching an amended FAC, removing the dismissed causes of action against Saticoy.

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[ECF No. 27]. That matter remains pending before the Court.

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The Parties wish to continue the discovery set forth above in an effort to further evaluate

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this matter and explore the possibility of settlement. An extension of the current discovery

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deadlines is necessary to allow all Parties, including the potentially soon to be named HOA and

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HOA Trustee, to participate in and complete discovery. Furthermore, due to strain of the

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holiday schedule and limited availability of deponents, the Parties need additional time to

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ensure witness availability for depositions. The parties are requesting a 90 day extension to

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allow sufficient time to schedule depositions and complete other outstanding discovery that may
become necessary, as well as continue to explore settlement.
D. PROPOSED DISCOVERY EXTENSION:

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1. The current discovery deadlines

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Deadline to complete discovery:

December 26, 2017

Motion to amend pleadings or add parties

September 27, 2017

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Initial Expert Disclosures

June 15, 2017

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Rebuttal Expert Disclosures

July 14, 2017

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Dispositive Motion Deadline

January 25, 2018

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2. Proposed extended discovery deadlines:

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Deadline to complete discovery:

March 26, 2018

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Motion to amend pleadings or add parties

September 27, 2017 (unchanged)

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Initial Expert Disclosures

June 15, 2017 (unchanged)

Rebuttal Expert Disclosures

July 14, 2017 (unchanged)

Dispositive Motion Deadline

April 25, 2018

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IT IS SO STIPULATED.
DATED this 6th day of December, 2017.

DATED this 6th day of December, 2017.

WRIGHT, FINLAY & ZAK, LLP

LAW OFFICES OF MICHAEL F. BOHN,
ESQ., LTD

/s/ Corrine P. Murphy
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Corrine P. Murphy, Esq.
Nevada Bar No. 10410
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, USROF III Legal
Title Trust 2015-1, By U.S. Bank National
Association, as Legal Title Trustee

/s/ Michael F. Bohn
Michael F. Bohn, Esq.
Nevada Bar No. 1641
Adam R. Trippiedi
Nevada Bar No. 12294
376 East Warm Springs Road, Ste. 140
Las Vegas, Nevada 8919
Attorney for Defendant, Saticoy Bay LLC
Series 5526 Moonlight Garden Street

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Case Number: 2:16-cv-01346

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ORDER
IT IS SO ORDERED.
December 14
Dated this ___ day of ___________, 2017.

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_________________________________
U.S. MAGISTRATE JUDGE

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Submitted by:
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WRIGHT, FINLAY & ZAK, LLP

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/s/ Corrine P. Murphy
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Corrine P. Murphy, Esq.
Nevada Bar No. 10410
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, USROF III Legal
Title Trust 2015-1, By U.S. Bank National
Association, as Legal Title Trustee

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