Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 65

ORDER granting 64 Stipulation; Discovery due by 5/22/2018. Motions due by 6/23/2018. Proposed Joint Pretrial Order due by 7/23/2018. Signed by Magistrate Judge Carl W. Hoffman on 3/9/2018. (Copies have been distributed pursuant to the NEF - JM)

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John S. Delikanakis, Esq.
Nevada Bar No. 5928
Kiah D. Beverly-Graham, Esq.
Nevada Bar No. 11916

SNELL & WILMER t-.r-.p.
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 77 5-785-5441

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Email : j delikanakis@ swlaw. com
[e-mail]

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Attorneysþr PlaintiffWells Fargo Bank, N.A

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

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Plaintiff,

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Case No.

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V/ELLS FARGO BANK, N.4., a national
banking association,

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SFR INVESTMENTS POOL

Nevada limited-liability company;

HOMEOWNER ASSOCIATION SERVICES,
lNC., aNevada corporation; THE
FOOTHILLS AT MACDONALD RANCH
MASTER ASSOCIATION, a Nevada nonprofit corporation;,

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Defendants.
SFR INVESTMENTS POOL I,LLC,
Nevada limited liability company,

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Counter-Claimant,

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T,LLC, A

vs.

WELLS FARGO BANK, N.4., a national
banking association; TRANSUNION
SETTLEMENT SOLUTIONS,
Counter-Defendant/Cross-Defendant.

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482s-7745-7483

(FTRST REQUEST)

STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES

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Pursuant to Fed. R. Civ. P.26(Ð, and Local Rules 6-1,26-I and26-4, Wells Fargo Bank,

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N.A. ("Wells Fargo") and SFR Investments Pool I,LLC ("SFR" and together with Wells Fargo,

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the "Parties"), by and through their respective undersigned counsel of record, submit this

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Stipulation and Proposed Order to extend the discovery deadlines in this action by sixty days.

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This is the Parties' first request for extension of the operative discovery schedule.l

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A. Discoverv Completed

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1.

Both Parties have served document demands and written discovery;

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2.

SFR served answers and objections thereto;

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3.

Wells Fargo served its expert disclosures; and

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The person most knowledgeable for SFR appeared for deposition.

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1. Wells Fargo's

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B. Discovery that Remains

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to be Completed

responses and objections

to SFR's requests for production and

written discovery (the deadline for these responses is upcoming);

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2.

Deposition of the person most knowledgeable for Wells Fargo;

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3.

Production of documents by non-party the Foothills at MacDonald Ranch Master

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Association (the "HOA"); and

4.

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C.

Deposition of the person most knowledgeable for the HOA.

Reasons Whv Discoverv'Was Not Completed

The parties have acted diligently

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complete discovery within the time provided.

However, additional time is requested in good faith and for good cause for the following reasons.

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First, a dispute arose between the parties over whether SFR's requests for admission and

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other discovery demands were within the scope of FRCP 26(b). On February 13,2018 SFR

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served a detailed and expansive set

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provided SFR a particularized list of its objections to these requests and the basis for a potential

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I The parties previously submitted three different proposed Disc^overy Plans and_S_9tt9{uting
Orders. The firït was denied without prejudice in liglit of the stay of this actign. See ECF No. 52.
The second was denied without prejtidiðe for failure to include certain certifïcations required.by
local rule 26-I(b). S¿e ECF Nô. 52. This is the first request for extension of an operative

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of ll2

requests

discovery plan.
4825-7'.t45-',1483

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for admission. Wells Fargo subsequently

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motion for a protective order.

On March 1, 2018 the parties conducted a meet and confer to address Wells Fargo's

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obviate the need for judicial

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objections. The parties reached an agreement intended

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intervention. Wells Fargo agreed that, rather than move for a protective order,

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responses and objections to the requests to admit, with the intent that its responses

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lieu of deposition. Accordingly, SFR agreed to vacate the previously noticed deposition of the

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person most knowledgeable for Wells Fargo. SFR also agreed to withdraw an interrogatory and a

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request for production, both of which related to the RFAs, and which also sought a substantial

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amount of information in light of the number of RFAs.

it will serve

will

be used in

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that Wells Fargo's deadline to respond to SFR's discovery demands should be extended by thirty

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In order to answer the expansive set of requests for admission, the parties further agreed

days from March 19, 2018 to

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thereafter

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necessary. The foregoing necessitates the extension requested herein.

to

conduct

April 16,2018 and that SFR should be provided suffrcient time

a limited deposition of V/ells Fargo's person most knowledgeable if

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Second, though Wells Fargo timely served subpoenas upon the non-party HOA for the

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production of documents and attendance at deposition, the HOA has yet to comply with either

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subpoena. Wells Fargo has engaged

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believes the documents and deposition testimony

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Court. However, counsel for the HOA advised V/ells Fargo that

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production will be extensive. Accordingly, additional time beyond the existing discovery cut-off

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is required for Wells Fargo to obtain the requested documents and then prepare for, and conduct,

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the deposition of the HOA.

in continued discussions with counsel for the HOA and
will be obtained without the intervention of the

it

expects the document

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Finally, the parties recognize that this request is made less than 21 days before the existing

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discovery cut-off date of March 22, 2018 and respectfully submit that the failure to make this

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request earlier was the result

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originally believed

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existing deadline, with respect

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demands were multi-faceted and required time to be researched and addressed in writing to SFR.
4825-7745-7483

it

of excusable neglect. Specifically, as stated above, Wells Fargo

would be required to make a motion for a protective order, within the

to SFR's discovery

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demands; The issues presented by these

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The parties promptly held a meet and confer thereafter and reached the resolution described

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above. Further, Wells Fargo has diligently attempted to obtain discovery from the HOA but, as of

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yet, has been unable to complete this process as described above. Finally, the Parties note that no

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party will be prejudiced by the requested extension.

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D.

Proposed Schedule for Remainine Discoverv

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EXISTING DEADLINE

EVENT

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NE\il DEADLINE

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Discovery cut-off

March 22,2018

i|/;ay 22,2018

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Dispositive motions

April23,2018

June 23,2018

May 23,2018

July 23,2018

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Pre-trial order and

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26(a)(3) disclosures

FRCP

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Dated: March 8,2018,

Dated: March 8,2018

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SNELL & \ryILMER L.L.P.

KIM GILBERT EBRON

By

/s/ Diana Cline Ebron
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Diana Cline Ebron, Esq.
Nevada Bar No. 10580
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys þr Defendant
SFR Investments Pool l, LLC

By:

/s/ Kiah D, Beverlv-Graham
John S. Delikanakis, Esq.
Nevada Bar No. 5928
Kiah D. Beverly-Graham, Esq.
Nevada Bar No. 11916
50 V/est Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys þr Plaintiff
Ilells Fargo Bank, N.A.

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ORDER

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED: March 9, 2018

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482s-7745-7483

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CERTIFICATE OF'SERVICE

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I hereby certify that on March 8, 2018, I electronically filed the foregoing with the Clerk

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of Court for the U.S. District Court, District of Nevada by using the Court's CM/ECF system.

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Participants

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system.

in the case who are registered CM/ECF users will be served by the CM/ECF

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/s/ Sheri Ouiglelt
An Employee of Snell & Wilmer L.L.P

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4825-7745-7483

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