The Bank of New York Mellon v. Star Hill Homeowners Association et al

Filing 57

ORDER granting 55 Stipulation. Discovery due by 3/22/2019. Motions due by 4/18/2019. Proposed Joint Pretrial Order due by 5/18/2019. Signed by Magistrate Judge Peggy A. Leen on 3/22/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02561-RFB-PAL Document 55 Filed 03/18/19 Page 1 of 5

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ALVERSON TAYLOR & SANDERS
KURT R. BONDS, ESQ.
Nevada Bar #6228
ADAM R. KNECHT, ESQ.
Nevada Bar #13166
6605 GRAND MONTECITO PARKWAY
SUITE 200
LAS VEGAS, NEVADA 89149
[phone]
[e-mail]
Attorney for STAR HILL HOA

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
13 FOR THE CERTIFICATEHOLDERS
CWABS, INC. ASSET-BACKED
14 CERTIFICATES, SERIES 2006-6,

CASE NO.:

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2:16-cv-02561-RFB-PAL

STIPULATION AND PROPOSED
ORDER TO EXTEND DISCOVERY
DEADLINES

Plaintiff,
vs.

(First Request)

17 STAR HILL HOMEOWNERS
ASSOCIATION; SBW INVESTMENT, LLC;
18 NEVADA ASSOCIATION SERVICES, INC.;
19 and SFR INVESTMENTS POOL 1, LLC
Defendants.

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Plaintiff The Bank of New York fka The Bank of New York, as Trustee for the
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Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2006-6 (BNYM); and defendant
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SFR Investments Pool 1, LLC (SFR); and defendant Star Hill HOA (HOA), through their
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undersigned counsel of record, do hereby stipulate and agree that the current discovery cutoff date of
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March 18, 2019 be continued for a period of four (4) days up and including March 22, 2019 as
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follows:
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KB/24462

Case 2:16-cv-02561-RFB-PAL Document 55 Filed 03/18/19 Page 2 of 5

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A.

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1.

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subsequently served various supplements to its initial disclosures
Defendant SFR served Initial Disclosures on February 12, 2018; Defendant SFR has
subsequently served various supplements to its initial disclosures;

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Defendant Star Hills served its initial disclosures on Defendants on March 18, 2019.

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Defendant Nevada Association Services has not appeared.

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2.

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

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Documents, and Requests for Admissions to Defendants.
Defendants have served their answers to Plaintiff’s Requests for Interrogatories, its Requests
for Production of Documents, and Requests for Admissions.

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Defendant SFR has served its Requests for Interrogatories, its Requests for Production of
Documents, and Requests for Admissions to Plaintiff; Plaintiff has answered accordingly.

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3.

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SFR Investments has noticed and taken the deposition of Plaintiff.

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Plaintiff also noticed the deposition of Star Hills HOA for March 18, 2019, however, due to a
last minute conflict on the part of Star Hills HOA’s representative, the deposition was not take. The
parties have agreed to take the HOA’s deposition on March 22, 2019.
B.

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Plaintiff seeks to take the deposition of Star Hills HOA on March 22, 2019.

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STATEMENT SPECIFYING THE DISCOVERY THAT REMAINS TO BE
COMPLETED.

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Depositions

Plaintiff has noticed and taken the depositions of NAS and SFR Investments.

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Written Discovery:

Plaintiff has served its Requests for Interrogatories, its Requests for Production of

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Initial Disclosures:

Plaintiff served their initial disclosures on Plaintiff on December 14, 2017; Plaintiff has

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DISCOVERY COMPLETED:

Additional discovery based upon information discovered in deposition may be necessary.
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KB/24462

Case 2:16-cv-02561-RFB-PAL Document 55 Filed 03/18/19 Page 3 of 5

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C.

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THE TIME LIMITS SET BY THE DISCOVERY PLAN.

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The discovery delay was caused by a last minute conflict on the part of Star Hills HOA’s
representative. With discovery continuing, Plaintiff and Defendants have conferred and agreed to
take the remaining deposition of Star Hills HOA on March 22, 2019.
D.

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

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of the deadline must be supported by good cause. The good cause standard under LR 26-4 is the
same as the good cause standard under Fed. R. Civ. P. 16(b)(4). Winfeld v. Wal-mart Stores, Inc.,
2:14-cv-01034-MMD-CWH, 2016 WL 3360658, at *1 (D. Nev. Jun. 9, 2016). “Good cause to
extend a discovery deadline exists ‘if it cannot reasonably be met despite the diligence of the
part[ies] seeking extension.’” Nunez v. Harper, 2:13-CV-0392-GMN-NJK, 2014 WL 2808985, at *2
(D. Nev. June 20, 2014) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th
Cir. 1992)).
Good cause exists to extend the discovery period by four days. The discovery delay was
caused by a last minute, unavoidable conflict on the part of Star Hills HOA’s representative. With
discovery continuing, Plaintiff and Defendants have conferred and agreed to take the remaining
deposition of Star Hills HOA on March 22, 2019. Accordingly, good cause exists to grant the
extension of discovery.
E.

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1.

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limited purpose of taking the deposition of the 30(b)(6) witness for Star Hills HOA .
2.

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Discovery Cut-Off

The discovery cut-off shall be extended from March 18, 2019 to March 22, 2019 for the

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PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY:

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GOOD CAUSE EXISTS TO EXTEND THE DISCOVERY DEADLINE.
Local Rule 26-4 requires that any stipulation made to extend discovery made within 21 days

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THE REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN

Amending the Pleadings and Adding Parties

The deadline to amend the pleadings and parties has closed. No such request to amend the
pleadings or add parties is requested
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3.

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The deadline to name initial experts disclosures has closed. No such request to name experts
is requested.

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including, but not limited to motions for summary judgement, shall be extended from April 18, 2019
to April 25, 2019.
5.

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

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Dispositive Motions

In accordance with Local Rule 26-1(e)(4), the last day for filing dispositive motions

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Expert Disclosure

Pre-Trial Order

In accordance with Local Rule 26-1(e)(5), the last day to file a Joint Pre-Trial Order,
including any disclosures pursuant to FRCP 26(a)(3), shall be extended from May 18, 2019 to May
28, 2019 (May 25 is a Saturday and May 27 is Memorial Day). In the event dispositive motions are
filed, the date for filing the Joint Pre-Trial Order shall be suspended until thirty (30) days after the
decision on the dispositive motions or upon further order by the Court extending the time period in
which to file the Joint Pre-Trial Order.
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KB/24462

Case 2:16-cv-02561-RFB-PAL Document 55 Filed 03/18/19 Page 5 of 5

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6.

Trial and Calendar Call

No trial has been set in this matter.
IT IS SO STIPULATED.

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AKERMAN LLP

KIM GILBERT EBRON

/s/ Rex. D. Garner , Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Attorneys for Plaintiff The Bank of New York
fka The Bank of New York, as Trustee for the
Certificateholders CWABS, Inc. Asset-Backed
Certificates, Series 2006-6

/s/ Diana S. Ebron, Esq.
JACQUELINE A. GILBERT, ESQ.
Nevada Bar. No. 10593
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for Defendant SFR Investments Pool
1, LLC

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LAWYERS
6605 GRAND MONTECITO PARKWAY, SUITE 200
LAS VEGAS, NEVADA 89149
[phone] FAX [phone]

ALVERSON TAYLOR & SANDERS

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ALVERSON TAYLOR & SANDERS
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/s/ Adam R. Knecht, Esq.
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
ADAM R. KNECHT, ESQ.
Nevada Bar No. 13166
7401 W. Charleston Blvd
Las Vegas, Nevada 89117
Attorneys for Defendant Star Hill HOA

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ORDER
IT IS SO ORDERED.

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______________________________________
UNITED STATES MAGISTRATE JUDGE
March 22, 2019
DATED:_______________________________

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KB/24462