Bank of America N.A. v. Operture Inc. et al

Filing 60

ORDER granting 59 Stipulation; Discovery due by 10/31/2018. Motions due by 11/30/2018. Proposed Joint Pretrial Order due by 1/2/2019. Signed by Magistrate Judge George Foley, Jr on 5/23/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01692-APG-GWF Document 59 Filed 05/21/18 Page 1 of 5

1
2
3
4
5
6
7

WRIGHT, FINLAY & ZAK, LLP
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
[e-mail]
Aaron D. Lancaster, Esq.
Nevada Bar No. 10115
[e-mail]
7785 W. Sahara Ave., Suite 200
Las Vegas, NV, 89117
[phone]; Fax: [phone]
Attorneys for Plaintiff, Bank of America, N.A.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

8
9
10

Case No.: 2:16-cv-01692-APG-GWF

BANK OF AMERICA, N.A.,

11

Plaintiff,

12
13
14
15
16
17
18

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

vs.
OPERTURE INC., a corporation; BRIDGER
INVESTMENT LLC, a Nevada limited liability
company; GEORGE PETER LEE; ALESSI &
KOENIG, LLC, a Nevada limited liability
company; INDIGO HOMEOWNERS’
ASSOCIATION, a Nevada non-profit
corporation; and DOES I through X, and ROE
CORPORATIONS I through X, inclusive,

19

(FIRST REQUEST)

Defendants.

20
21

Pursuant to Local Rules 6-1 and 26-4, Plaintiff, BANK OF AMERICA, N.A. (“BANA”),

22

through its counsel of record, Aaron D. Lancaster, Esq., GEORGE PETER LEE (“Mr. Lee”),

23

through its counsel of record, Andrew P. Dunning, Esq. and INDIGO HOMEOWNERS

24

ASSOCIATION (“HOA”), through its counsel of record T. Chase Pittsenbarger, Esq., submit

25

this Stipulation and Order to extend discovery by one hundred and eighty (180) days. This is the

26

parties’ first request for an extension.

27

\\\

28

\\\

Page 1 of 5

Case 2:16-cv-01692-APG-GWF Document 59 Filed 05/21/18 Page 2 of 5

A. INTRODUCTION

1

This dispute arises out of Plaintiff’s complaint, which asks the Court for a determination

2
3

and declaration: (1) quiet title/declaratory relief of the subject property, (2) injunctive relief, (3)

4

Unjust enrichment, (4) wrongful foreclosure, (5) negligence, (6) negligence per se, (7) breach of

5

contract, (8) misrepresentation, and (9) tortious interference of contract.

6

In this matter an Order Granting Motion for Default Judgment [ECF No. 45] was entered

7

on February 7, 2018, against Defendants George Peter Lee and Bridger Investment LLC. After

8

the entry of the Order Granting Motion for Default Judgment counsel made an appearance on

9

behalf of the Defendant George Peter Lee [ECF No. 46]. On March 28, 2018, the Court entered

10

a Stipulation and Order Limited Stay as to Claims Asserted Against Indigo Homeowners’

11

Association [ECF No. 53].

12

The parties have filed a Stipulation and Order to: (1) Set Aside Clerk’s Default; and (2)

13

Vacate Default Judgment Against Defendant George Peter Lee [ECF No. 58]. Further, the

14
15
16

parties have requested the Stipulation and Order Limited Stay as to Claims Asserted Against
Indigo Homeowners’ Association [ECF No. 53] be lifted and set aside.

Now, the parties

stipulate to an extension of discovery by one hundred and eighty (180) days.

17
B. STATEMENT SPECIFYING THE DISCOVERY COMPLETED.

18

On November 21, 2017, the Court entered a Scheduling Order which set the following

19
20

deadlines:

21

(a) Discovery Cut Off: 3/28/2018

22
(b) Last day to file motions to amend pleadings or add parties: 12/29/2017
23
(c) Initial Expert Disclosures: 1/29/2018

24
25

(d) Rebuttal Expert Disclosures: 2/27/2018

26

(e) Dispositive Motions: 4/27/2018

27

\\\

28

Page 2 of 5

Case 2:16-cv-01692-APG-GWF Document 59 Filed 05/21/18 Page 3 of 5

1
2
3
4
5

The following discovery has been completed:
(1) Plaintiff served its Initial Disclosures on December 5, 2017.
(2) HOA served its Initial Disclosures on March 28, 2018.
(3) HOA served its Interrogatories, Request for Admissions, and Request for Production of
Documents upon BANA on February 26, 2018.

6
(4) BANA served its Responses to HOA’s Requests for Admission on march 13, 2018.
7
8
9
10

(5) BANA served its Responses to HOA’s Plaintiff’s Interrogatories and Requests for
Production of Documents on March 16, 2018.
C. SPECIFIC DESCRIPTION OF DISCOVERY THAT REMAINS TO BE
COMPLETED.

11
12

(A) Depositions. Parties anticipate taking the deposition of Plaintiff, Mr. Lee, HOA, Operture

13

Inc., Bridger Investment LLC, and Alessi & Koenig, LLC. Additional deponents may be

14

identified through the discovery process.

15

(B) Written Discovery.

(1) Mr. Lee’s Initial Disclosures, (2) BANA’s Interrogatories,

16

Requests for Admission and Request for Production of Documents upon HOA, (4)

17

BANA’s Interrogatories, Requests for Admission and Request for Production of

18
19
20

Documents upon Mr. Lee, (4) subpoena duces tecum to Operture Inc. and Bridger
Investment LLC, (5) subpoena duces tecum to Alessi & Koenig, LLC, and (6) Mr. Lee’s
written discovery requests.

21
The parties reserve the right to participate in additional discovery during the time frames
22
23
24
25

outlined below should the need arise.
D. REASONS WHY THE DISCOVERY REMAINING WILL NOT BE
COMPLETED WITHIN THE TIME FRAMES SET BY THE DISCOVERY
ORDER.

26
27
28

BANA did not complete discovery because on February 7, 2018, this Court entered an
Order Granting Motion for Default Judgment [ECF No. 45], against Defendants George Peter

Page 3 of 5

Case 2:16-cv-01692-APG-GWF Document 59 Filed 05/21/18 Page 4 of 5

1

Lee and Bridger Investment LLC. After the entry of the Order Granting Motion for Default

2

Judgment counsel made an appearance on behalf of the Defendant George Peter Lee [ECF No.

3

46].

4

Stipulation and Order Limited Stay as to Claims Asserted Against Indigo Homeowners’

5

Association [ECF No. 53] entered by the Court on March 28, 2018 be lifted.

6
7
8

If the Court sets aside the Default Judgment against Mr. Lee, the parties request that the

Accordingly, the parties seek an extension of the discovery deadlines to complete the
above set forth discovery. Good cause and excusable neglect exists to extend discovery in this
action because the of the Order Granting Motion for Default Judgment [ECF No. 45], against

9
Defendants George Peter Lee and Bridger Investment LLC and the subsequent setting aside of
10
11

the Default Judgment as to Mr. Lee.
This extension will not unduly delay the progress of this case, but rather will allow the

12
13
14

parties to further explore settlement options, coordinate discovery given the current scheduling
conflicts and seek discovery.
The parties submit this stipulation in good faith and without the purpose of undue delay.

15
16

E. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY

17

(A) Discovery Cut-Off Date: October 31, 2018

18

(B) Amending the Pleadings and Adding Parties: August 2, 2018

19
(C) Initial Experts: September 4, 2018

20
21

(D) Rebuttal Experts: October 1, 2018

22

(E) Dispositive Motions: November 30, 2018

23

(F) Pre-Trial Order: January 2, 2019.

24

\\\

25
26

\\\

27

\\\

28

\\\

Page 4 of 5

Case 2:16-cv-01692-APG-GWF Document 59 Filed 05/21/18 Page 5 of 5

1
2

F. CURRENT TRIAL DATE.
This case has not yet been set for trial.

3
MAY 21, 2018

MAY 21, 2018

5

WRIGHT FINLAY & ZAK

LEACH JOHNSON SONG & GRUCHOW

6

By: /s/__Aaron Lancaster_____
Aaron D Lancaster, Esq.
Nevada Bar No. 10115
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
Plaintiff, Bank of America, N.A.

By: /s/ __Chase Pittsenbarger____
Sean L. Anderson, Esq.
Nevada Bar No. 7259
T. Chase Pittsenbarger, Esq.
Nevada Bar No. 13740
8945 W. Russell Road, Suite 330
Las Vegas, NV 89148
Attorneys for Defendant Indigo
Homeowners’ Association

4

7
8
9
10
11
12
13

May 21, 2018
SCHWARTZ FLANSBURG

14
15
16
17
18

By: /s/ _Andrew Dunning_______
Andrew P. Dunning, Esq.
6623 Las Vegas Blvd South, Suite 300
Las Vegas, NV 89119
Attorneys for Defendant George Peter
Lee

19
20
ORDER

21
22
23
24
25

IT IS SO ORDERED.
Dated this ___day of May, 2018.
23 day ____________, 2018.
_________________________________________
UNITED STATES MAGISTRATE JUDGE

26
27
28

Page 5 of 5