JPMorgan Chase Bank, N.A. v. SBW Investment LLC,et al.,

Filing 59

ORDER Granting 58 Stipulation. Discovery due by 5/7/2018. Motions due by 6/6/2018. Proposed Joint Pretrial Order due by 7/6/2018. Signed by Magistrate Judge Peggy A. Leen on 11/30/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-01839-GMN-PAL Document 58 Filed 11/28/17 Page 1 of 5

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Abran E. Vigil
Nevada Bar No. 7548
Sylvia O. Semper
Nevada Bar No. 12863
Kyle A. Ewing
Nevada Bar No. 14051
BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff JP Morgan
Chase Bank, N.A.

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UNITED STATES DISTRICT COURT

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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DISTRICT OF NEVADA
JPMORGAN CHASE BANK, N.A., a
national banking association,

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Case No. 2:16-cv-01839-GMN-PAL

Plaintiff,

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vs.

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SBW INVESTMENT LLC, a Utah limited
liability company; SFR INVESTMENTS
POOL 1, LLC, a Nevada limited liability
company; TIMBER CREEK
HOMEOWNERS’ ASSOCIATION, a
Nevada non-profit corporation;
EDUARDO A. PALANG, JR., an
individual; VIVIAN KIM, an individual,

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STIPULATED DISCOVERY PLAN
AND SCHEDULING ORDER
(Submitted pursuant to Court Order,
ECF No. 57)

Defendants.

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Pursuant

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to

this

Court’s

November

Chase

2017

Order

Bank,

(ECF
N.A.

No.

57),

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Plaintiff/Counterdefendant

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Defendant/Counterclaimant SFR Investments Pool 1, LLC, (“SFR”), and Defendant

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Timber Creek Homeowners Association (“Timber Creek”) (collectively, the “Parties”)

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hereby submit the following Stipulated Discovery Plan and Proposed Scheduling

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Order.

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///

DMWEST #14663901 v2

JPMorgan

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(“Chase”),

Case 2:16-cv-01839-GMN-PAL Document 58 Filed 11/28/17 Page 2 of 5

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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I.

RULE 26(f) CONFERENCE
On October 25, 2016, the Parties conducted a discovery and scheduling order

conference (the “Conference”) to discuss all issues required by Fed R. Civ. P. 26(f).
Joseph P. Sakai, Esq., attended on behalf of Chase, Diana S. Ebron, Esq., attended on
behalf of SFR, and Wing Yan Wong, Esq., attended on behalf of Timber Creek.
II.

INITIAL DISCLOSURES [Rule 26(f)(3)(A)]
The Parties have each served initial disclosures.

III.

SPECIAL SCHEDULING REVIEW REQUEST
The Parties are not requesting special scheduling review.

IV.

DISCOVERY PLAN [Rule 26(f)(3)(B)]
On April 10, 2017, this Court entered an Order administratively staying this

case “pending exhaustion of all appeals of Bourne Valley Court Trust v. Wells Fargo

Bank, No. 15-15233 (9th Cir. Aug. 12, 2016).” (ECF No. 55).

the Court entered an Order lifting the stay and ordered the parties to submit a
proposed scheduling order, as the discovery deadline had not passed at the time of
the stay’s entry. (ECF No. 57).
Discovery is needed on all issues in Chase’s complaint and SFR’s crossclaim/counterclaim and is expected to take approximately 180 days from November 7,
2017, the date this Court lifted the administrative stay.
A.

Discovery Cut-Off [LR 26-1(b)(1)]: May 7, 2018.

B.

Deadline for amending pleadings and adding Parties [LR 26-1(b)(2)]: Not
extended because deadline had already passed before the stay was

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imposed
C.

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Deadline for disclosures of experts [LR 26-1(b)(3)]:
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D.

Initial Expert Disclosures: March 8, 2018.

2.

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On November 7, 2017,

Rebuttal Expert Disclosures: April 9, 2018.

Interim Status Report [LR 26-3]: March 8, 2018.
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Case 2:16-cv-01839-GMN-PAL Document 58 Filed 11/28/17 Page 3 of 5

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E.

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Dispositive Motions [LR 26-1(b)(4)]: June 6, 2018.

F.

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Joint Pre-Trial Order [LR 26-1(b)(5)]: July 6, 2018. Pursuant to LR 261(b)(5), if dispositive motions are filed, this date will be suspended until

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30 days after decision of the dispositive motions or further order of the

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Court.

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G.

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[LR 26-4]: A request for extension of this Discovery Plan and Scheduling

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Order shall be filed no later than twenty-one (21) days before the

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expiration of the subject deadline.

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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Extensions or Modifications of the Discovery Plan and Scheduling Order

H.
V.

Trial Estimate: The Parties estimate 2-3 days for trial.

ALTERNATIVE DISPUTE RESOLUTION [LR 26-1(b)(7)]
The Parties certify that they have met and conferred about the possibility of

using alternative dispute resolution processes including mediation, arbitration, and
early neutral evaluation.
VI.

ALTERNATIVE FORMS OF CASE DISPOSITION [LR 26-1(b)(8)]
The Parties certify that they have considered consent to trial by a magistrate

judge under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 and the use of the Short Trial
Program.
VII.

DISCLOSURE

OR

DISCOVERY

OF

ELECTRONICALLY

STORED

INFORMATION [LR 26-1(b)(9); Rule 26(f)(3)(C)]
The Parties anticipate that production of computer-based or digital information
may be needed. The Parties agree that the production of such information should be
governed by the applicable provisions of the Federal Rules of Civil Procedure.
VIII. CLAIMS OF PRIVILEGE OR PROTECTION [Rule 26(f)(3)(D)]
At this time, the Parties are unaware of any claims of privilege or of protection
of trial preparation material that require a protective order.

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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The Parties agree that inadvertent production of otherwise privileged
materials will not constitute a waiver of the applicable privilege, and that the items
so designated shall be returned to the disclosing party and shall not be used for any
purpose at trial. Any notice of inadvertent production or disclosure shall be (i) in
writing and delivered to opposing counsel; (ii) made on the record in a deposition; or,
(iii) asserted in open court. Failure to give notice prior to entry of a ruling on a
dispositive motion shall be deemed waiver of the privilege, except that no settlement
discussions or offers shall be disclosed for any reason before entry of judgment or
award.
IX.

LIMITATIONS ON DISCOVERY [Rule 26(f)(3)(E)]
At this time, the Parties do not request any changes to the limitations on

discovery imposed by the Federal Rules of Civil Procedure or the Court’s local rules.
X.

OTHER ORDERS [Rule 26(f)(3)(F)]
None.

XI.

LATER APPEARING PARTIES
This Discovery Plan and Scheduling Order shall apply to such later appearing

Parties, unless a stipulation of the Parties is approved by the Court, or the Court
otherwise orders on motion for good cause shown.
XII.

ADDITIONAL INFORMATION
The Parties agree to provide at least 30 days’ notice prior to taking a deposition

pursuant to Fed. R. Civ. P. 30(b)(6), unless otherwise agreed.
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Case 2:16-cv-01839-GMN-PAL Document 58 Filed 11/28/17 Page 5 of 5

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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XIII. COURT CONFERENCE
The Parties do not request a conference with the Court before the entry of this
Discovery Plan and Scheduling Order.
Dated: November 28, 2017.

BALLARD SPAHR LLP

KIM GILBERT EBRON

By: /s/ Sylvia O. Semper
Abran E. Vigil
Nevada Bar No. 7548
Sylvia O. Semper
Nevada Bar No. 12863
Kyle A. Ewing
Nevada Bar No. 14051
100 North City Pkwy, Suite 1750
Las Vegas, Nevada 89106

BY: /s/ Diana S. Ebron
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

Attorneys for Plaintiff JPMorgan Chase
Bank, N.A.

Attorneys for
Defendant/Counterclaimant SFR
Investments Pool 1, LLC

Gordon Rees Scully Mansukhani, LLP
By: /s/ Wing Yan Wong
Robert S. Larsen, Esq.
Nevada Bar No. 7785
Wing Yan Wong, Esq.
Nevada Bar No. 13622
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101

Attorneys for Defendant Timber Creek
Homeowners Association
ORDER
IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE
Dated:

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November 30, 2017