Bank of America, N.A., v. Solera at Stallion Mountain Unit Owners' Association et al

Filing 65

ORDER that a preclusion order is entered precluding Bank of America from using any documents, evidence or information not timely disclosed, or from calling a witness to supply testimony on information or documents not disclosed, in motion practice, at a hearing or at trial. Signed by Magistrate Judge Peggy A. Leen on 8/30/2017. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

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v.

Case No. 2:16-cv-02339-JCM-PAL
Plaintiff,

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SOLERA AT STALLION MOUNTAIN
UNIT OWNERS’ ASSOCIATION, et al.,

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ORDER

Defendants.

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The court conducted a hearing on August 8, 2017, on the parties’ Motion for Protective

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Order (ECF No. 53). Darren Brenner was present on behalf of plaintiff, and Diana Cline Ebron

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was present on behalf of defendant.

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After reviewing the moving and responsive papers and hearing the arguments of counsel

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at the hearing the court granted Bank of America’s motion for protective order (ECF No 53)

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regarding a Rule 30(b)(6) deposition notice. The court limited the scope of examination as the

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motion for protective order requested to issues pertaining to the Bank’s tender of the HOA super-

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priority lien in light of the Ninth’s Circuit’s decision in Bourne Valley Tr. v. BANA, N.A., 832 F.

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3d 1154 (9th Cir. 2016), which is binding on this court. SFR opposed the motion for protective

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order arguing that banks in other HOA foreclosure cases have provided testimony at trial based on

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documents not produced in discovery, and on subjects on which the banks have prevented or

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limited cross-examination of bank Rule 30(b)(6) designees. The court expressly stated that

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although the court was granting the motion for protective order in light of Bourne Valley that,

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having successfully resisted SFR’s discovery on the noticed topics, the Bank would be precluded

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from using any documents, evidence or testimony not timely disclosed in discovery in motion

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practice, at hearing or at trial.

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IT IS ORDERED that a preclusion order is entered precluding Bank of America from

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using any documents, evidence or information not timely disclosed, or from calling a witness to

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supply testimony on information or documents not disclosed, in motion practice, at a hearing or at

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trial.

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DATED this 30th day of August, 2017.

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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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