Ditech Financal LLC v. Northgate Homeowners Association et al

Filing 159

SCHEDULING ORDER granting 158 Amended Discovery Plan and Scheduling Order. Discovery due by 4/15/2024. Motions due by 5/15/2024. Proposed Joint Pretrial Order due by 6/14/2024. Signed by Magistrate Judge Cam Ferenbach on 9/21/2023. (Copies have been distributed pursuant to the NEF - CT)

Case 2:16-cv-02400-MMD-VCF Document 159 Filed 09/21/23 Page 1 of 4

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
TROY A. LAWRENCE, ESQ.
Nevada Bar No. 16102
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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Attorneys for The Bank of New York Mellon
fka The Bank of New York as Trustee for
the registered holders of the CWABS, Inc.,
Asset-Backed Certificates, Series 2005-13

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE REGISTERED HOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2005-13,

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AMENDED DISCOVERY PLAN AND
SCHEDULING ORDER

Plaintiff,

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v.

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NORTHGATE HOMEOWNERS
ASSOCIATION; NEVADA ASSOCIATION
SERVICES; MARIA LOYO-MORALES;
KIMBERLY TIBONI; DOES 1-10,

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Case No.: 2:16-cv-02400-MMD-VCF

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Defendants.
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The Bank of New York Mellon fka The Bank of New York as Trustee for the registered holders

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of the CWABS, Inc., Asset-Backed Certificates, Series 2005-13 (BoNYM), Maria Loyo-Morales,

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Northgate Homeowners Association (Northgate), and Nevada Association Services (NAS) file their

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joint discovery plan and proposed scheduling order.

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1.

Meeting: Pursuant to FRCP 26(f) and LR 26-1(a)(1), counsel for the parties, Scott R.

Lachman, Esq., R. Christopher Reade Esq. and Chad A. Harrison, Esq., conferred before Judge Cam

Case 2:16-cv-02400-MMD-VCF Document 159 Filed 09/21/23 Page 2 of 4

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Ferenbach on September 13, 2023. Mr. Lachman also conferred with counsel for Nevada Association

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Services, Brandon Wood, Esq., in advance of the September 13 meeting.

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2.

Active Claims: As discussed at the September 13, 2023 meeting, there are currently

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no active claims against Defendants Northgate or NAS following the Bankruptcy Court’s retroactive

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lifting of the automatic bankruptcy stay and affirmation of the validity of the foreclosure sale.

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However, as this issue and other claims and cross-claims remain somewhat unsettled, Defendants

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Northgate and NAS agree to provisional participation in the discovery process as outlined below.

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3.

their pre-discovery disclosures, including but not limited to any computation(s) of damages required
pursuant to FRCP 26(a)(1)(A)(iii), by Wednesday, September 27, 2023.

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Pre-Discovery Disclosures: Pursuant to FRCP Rule 26(a)(1), the parties will make

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Areas of Discovery: Discovery should include, but not be limited to: all claims and

defenses allowed pursuant to the Federal Rules of Civil Procedure.

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5.

Discovery Plan: Special Scheduling Review Requested: The parties request a

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discovery plan of 215 days which was agreed to at the case management conference on September 13,

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2023.

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completed no later than Monday, April 15, 2024, and be conducted as follows:

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Discovery Cut-Off Dates: The parties propose that discovery must be commenced and

A.

Amending the Pleadings and Adding Parties: The parties shall have until

Monday, October 13, 2023, to file any motions to amend the pleadings to add parties.

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B.

FRCP 26(a)(2) Disclosures of Experts: Expert witness disclosures shall be

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made on or before Thursday, February 15, 2024, sixty (60) days prior to the discovery cut-off.

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Disclosures regarding rebuttal experts shall be made on or before Monday, March 18, 2024, thirty

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(30) days after the initial disclosures of experts. The requirements of FRCP 26(a)(2)(B) shall apply to

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any such disclosures. 1

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C.

Dispositive Motions: The parties shall have until Wednesday, May 15, 2024,

to file dispositive motions, thirty (30) days after the discovery cut-off. In the event the discovery cut-

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The date occurring 30 days after the initial disclosure of experts falls on Saturday, March 16, 2024. The
parties agree to move this deadline to the following business day.

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Case 2:16-cv-02400-MMD-VCF Document 159 Filed 09/21/23 Page 3 of 4

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off is extended, the deadlines for filing dispositive motions automatically will be extended until thirty

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(30) days after the new discovery cut-off date

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D.

Pre-Trial Order: The parties will prepare a consolidated pre-trial order on or

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before Friday, June 14, 2024, which is not more than thirty (30) days after the date set for filing

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dispositive motions in the case. This deadline will be suspended if dispositive motions are timely filed

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until thirty (30) days after the decision of the dispositive motions or until further order of the court.

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The disclosure required FRCP Rule 26(a)(3) and objections thereto, shall be made in the pre-trial

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order.

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E.

Extensions or Modifications of the Discovery Plan and Scheduling Order:

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LR 26-3 governs modifications or extensions of this discovery plan and scheduling order. Any

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stipulation or motion to extend a deadline set forth in the discovery plan and scheduling order must be

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made not later than twenty-one (21) days before the subject deadline. Any stipulation or motion to

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extend the discovery cut-off period must be made no later than Monday, March 25, 2024, twenty-

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one (21) days before the discovery cut-off date.

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7.

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Other Items:
A.

Pursuant to the electronic discovery amendments to the Federal Rules of Civil

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Procedure effective December 1, 2006, the parties addressed the e-discovery issues pertaining to the

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format of discovery. The parties do not anticipate discovery of native files or metadata at this time, but

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each party reserves the right to request such electronic data as discovery progresses.

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B.

Alternative Dispute Resolution: The parties certify they met and conferred about

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the possibility of using alternative dispute-resolution processes including mediation, arbitration, and if

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applicable, early neutral evaluation (collectively, ADR) and determined that ADR is a viable option at

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this time. An in-person settlement conference is scheduled with Judge Cam Ferenbach on December

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18, 2023, at 10:00 a.m. BoNYM's client representative is permitted to attend the settlement conference

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virtually. While not specifically addressed at the September 13, 2023 meeting, the parties also stipulate

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that Northgate’s insurance representative may attend the settlement conference virtually rather than

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travel from out of state.

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///

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Case 2:16-cv-02400-MMD-VCF Document 159 Filed 09/21/23 Page 4 of 4

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C.

Alternative Forms of Case Disposition: The parties certify they considered

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consent to trial by a magistrate judge and use of the short trial program and do not consent to either at this

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time.

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D.

Electronic Evidence: Not applicable as no jury trial has been demanded.

DATED this 20th day of September, 2023.

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AKERMAN LLP

CORY READE DOWS AND SHAFER

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/s/ Troy A. Lawrence
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
TROY A. LAWRENCE, ESQ.
Nevada Bar No. 16102
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Christopher Reade
R. CHRISTOPHER READE, ESQ.
Nevada Bar No. 6791
1333 N. Buffalo Drive, Suite 210
Las Vegas, NV 89128

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Attorneys for Maria Loyo-Morales

Attorneys for The Bank of New York Mellon
fka The Bank of New York as Trustee for the
registered holders of the CWABS, Inc., AssetBacked Certificates, Series 2005-13

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GORDON REES SCULLY
MANSUKHANI, LLP

NEVADA ASSOCIATION SERVICES

/s/ Chad A. Harrison
WING YAN WONG, ESQ.
Nevada Bar No. 13622
CHAD A. HARRISON, ESQ.
Nevada Bar No. 13888
300 S. 4th Street, Suite 1550
Las Vegas, NV 89101

/s/ Brandon Wood
BRANDON WOOD, ESQ.
Nevada Bar No. 12900
6625 S. Valley View Blvd. Ste. 300
Las Vegas, NV 89118
Attorneys for NAS

Attorneys for Northgate Homeowners
Association

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ORDER
IT IS SO ORDERED:
_________________________________________
UNITED STATES MAGISTRATE JUDGE
Case No.: 2:16-cv-02400-MMD-VCF

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9-21-2023
DATED: _________________________________

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