Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC et al
Filing
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ORDER Granting 36 Stipulation re Discovery. Discovery due by 2/19/2018. Motions due by 3/21/2018. Proposed Joint Pretrial Order due by 4/20/2018. Signed by Magistrate Judge Cam Ferenbach on 12/20/2017. (Copies have been distributed pursuant to the NEF - MMM)
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Joel E. Tasca
Nevada Bar No. 14124
Justin A. Shiroff
Nevada Bar No. 12869
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: (702) 471-7000
Facsimile: (702) 471-7070
tasca@ballardspahr.com
shiroffj@ballardspahr.com
Attorneys for Plaintiff The
Wilmington Trust, N.A., Successor
8 Trustee to Citibank, N.A., as
Trustee f/b/o Holders of Structured
9 Asset Mortgage Investments II Inc.,
Bear Stearns ALT-A Trust 2006-4,
10 Mortgage Pass-Through Certificates,
Series 2006-4
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(702) 471-7000 FAX (702) 471-7070
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LAS VEGAS, NEVADA 89135
BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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WILMINGTON TRUST, N.A.,
SUCCESSOR TRUSTEE TO CITIBANK,
N.A., AS TRUSTEE F/B/O HOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., BEAR
STEARNS ALT-A TRUST 2006-4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-4
Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
GIAVANNA HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation,
Defendants.
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DMWEST #17324918 v1
Case No. 2:16-cv-02756-RFB-VCF
STIPULATED MOTION TO
EXTEND DISCOVERY DEADLINES
(SECOND REQUEST)
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GIAVANNA HOMEOWNERS
ASSOCIATION,
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Third Party Plaintiff,
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vs.
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ABSOLUTE COLLECTION SERVICES,
LLC,
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Third Party Defendant.
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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
Counter/Cross Claimant,
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(702) 471-7000 FAX (702) 471-7070
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LAS VEGAS, NEVADA 89135
BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
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vs.
WILMINGTON TRUST, N.A.,
SUCCESSOR TRUSTEE TO CITIBANK,
N.A., AS TRUSTEE F/B/O HOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC., BEAR
STEARNS ALT-A TRUST 2006-4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-4;
MASHELLE CLARK aka SHELLY
CLARK, an individual,
Counter/Cross Defendants.
Pursuant to Fed. R. Civ. P. 26(a)(2) and 6(b)(a)(1)(A) and LR 26-4,
Plaintiff/Counter-Defendant Wilmington Trust, N.A., Successor Trustee to Citibank,
N.A., as Trustee F/B/O Holders of Structured Asset Mortgage Investments II Inc.,
Bear Stearns ALT-A Trust 2006-4, Mortgage Pass-Through Certificates, Series 20064 (the “Trustee”), Defendant/Counterclaimant SFR Investment Pools 1, LLC (“SFR”),
Defendant/Third
Party
Plaintiff
Giavanna
Homeowners
Association
(the
“Association”), and Third Party Defendant Absolute Collection Services, LLC (“ACS”)
(together, the “Parties”) hereby submit the following Stipulated Motion to Extend
Discovery Deadlines.
Under the Stipulated Discovery Plan and Scheduling Order [ECF No. 26], as
amended by the Stipulation and Order to Extend Discovery Deadlines [ECF No. 35],
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the current deadlines are as follows:
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Discovery Cut-Off
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Monday, January 22, 2018
Joint Pre-Trial Order
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Wednesday, December 20, 2017
Dispositive Motions
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Thursday, February 22, 2018
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Pursuant to LR 26-4, a stipulation to extend any dates set by the scheduling
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order must be supported by a showing of good cause for the extension. “The good
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cause inquiry focuses primarily on the movant's diligence.” Novotny v. Outback
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Steakhouse of Fla., LLC, 2017 U.S. Dist. LEXIS 114672 at *2 (D. Nev. July 21, 2017)
Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 2000)).
(702) 471-7000 FAX (702) 471-7070
“Good cause to extend a discovery deadline exists ‘if it cannot reasonably be met
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BALLARD SPAHR LLP
(citing
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despite the diligence of the party seeking the extension.’” Id. (quoting Johnson v.
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Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Good cause exists in
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this case. All of the Parties have exercised diligence with regards to completing
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discovery. The Parties believe that a 60-day extension is warranted given the need to
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review discovery responses provided by ACS and determine whether it is necessary
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to take, defend, and prepare for depositions in this case.
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(a) Statement Specifying the Discovery Completed;
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At this point in litigation, the Trustee has provided its initial disclosures,
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designated its expert witness and disclosed an expert report, responded to SFR’s
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initial set of discovery requests, responded to SFR’s second set of discovery requests,
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and served written discovery requests to all Parties. The Trustee’s written discovery
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requests to ACS were dated September 15, 2017. The Trustee’s 30(b)(6) witness has
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been deposed. The Trustee has also subpoenaed documents from FirstService
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Residential Nevada, LLC, which subpoena responses are due December 18, 2017, and
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have not yet been received. The Trustee noticed the 30(b)(6) deposition of SFR, ACS,
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and the Association, but vacated these depositions to ask SFR, ACS, and the
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Association about their witness availability.
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SFR has provided its initial disclosures, served a first round of written
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discovery requests on the Trustee and received responses to these requests, served a
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second round of written discovery on the Trustee, and taken the 30(b)(6) deposition of
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the Trustee’s chosen witness. SFR left the 30(b)(6) deposition of the Trustee’s chosen
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witness open to address additional questions that SFR.
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The Association has served its initial disclosures and responded to the
Trustee’s written discovery requests.
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ACS timely responded to the Trustee’s requests for admission on October 16,
2017.
However, ACS did not timely respond to the Trustee’s interrogatories or
(702) 471-7000 FAX (702) 471-7070
interrogatories and requests for production on December 12, 2017, and provided
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BALLARD SPAHR LLP
requests for production.
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courtesy electronic copies to the Trustee on December 13, 2017, one week prior to the
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close of discovery.
Instead, ACS mailed responses to the Trustee’s
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(b) Specific Description of the Discovery that Remains to be Completed
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The Trustee needs to review the discovery responses provided by ACS to
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determine whether, in light of these documents, depositions need to be taken or if the
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parties need to meet and confer about the completeness of the discovery responses.
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Additionally, the Trustee needs to review the documents subpoenaed by FirstService
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Residential, Nevada, LLC for the same purposes. Given witness and counsel
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availability, and the upcoming holidays, the parties anticipate such an extension may
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require 60 days to properly resolve any discovery disputes and schedule 30(b)(6)
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depositions.
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SFR needs to obtain answers to questions left open at the Trustee’s 30(b)(6)
deposition.
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(c) The Reasons Why Remaining Discovery Was Not Completed
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Despite their diligence in completing discovery in this case, ACS was unable to
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respond to the Trustee’s written discovery requests by the scheduled deadline. The
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Trustee attempted to avoid involving the Court in the dispute because it hoped to
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resolve the issue amicably. ACS agreed to provide responses before the close of
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discovery, but unfortunately ACS was not able to provide responses early enough
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that the Trustee could review the documents, determine whether it needed to meet
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and confer with ACS about any discovery issues, and also schedule depositions that
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might have been prompted by the discovery responses.
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Furthermore, SFR took the deposition of the Trustee’s 30(b)(6) witness on
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December 11, 2017. SFR left the deposition open to resolve lingering questions at a
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later date. The Parties initially anticipated being able to resolve these questions on
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December 19, 2017, but due to witness and counsel availability this date did not
(702) 471-7000 FAX (702) 471-7070
of the Trustee’s 30(b)(6) witness or to have the additional questions answered by
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work. Instead, the Parties require additional time to either continue the deposition
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amendments to the Trustee’s responses to interrogatories.
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At a minimum, the Parties require an additional 30 days to have adequate
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time to conduct depositions of all relevant witnesses and resolve outstanding issues,
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but the Parties believe an additional 60 days will provide adequate time to conduct
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depositions of all relevant witnesses.
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(d) Proposed Schedule for Completing All Remaining Discovery
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The Parties propose a 60-day extension of the remaining discovery dates as
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follows:
Discovery Cut-Off
Monday, February 19, 2018
Dispositive Motions
Wednesday, March 21, 2018
Joint Pre-Trial Order
Friday, April 20, 2018
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(Remainder of Page Intentionally Left Blank)
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CONCLUSION
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For the above-stated reasons, the Parties respectfully request that this Court
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enter an Order granting this Stipulation and Order to Extend Discovery Deadlines
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(Second Request) using the new deadlines noted above.
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Dated: December 19, 2017
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BALLARD SPAHR LLP
KIM GILBERT EBRON
By: _/s/ Justin A. Shiroff__
Joel E. Tasca (#14124)
Justin A. Shiroff (#12869)
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
By: _/s/ Diana S. Ebron_ _
Diana S. Ebron (#10580)
Jacqueline A. Gilbert (#10593)
Karen L. Hanks (#9578)
Trella N. McLean (#13376)
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
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Attorneys for Plaintiff
Attorneys for SFR Investments Pool 1,
LLC
(702) 471-7000 FAX (702) 471-7070
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LAS VEGAS, NEVADA 89135
BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
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BOYACK ORME & ANTHONY
ABSOLUTE COLLECTION SERVICES, LLC
By: _/s/ Christopher B. Anthony
Edward D. Boyack (#5229)
Christopher B. Anthony (#9748)
401 North Buffalo Drive, #202
Las Vegas, Nevada 89145
By: _/s/ Shane D. Cox___
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Shane D. Cox (#13852)
8440 West Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
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Attorney for Absolute Collection Services,
LLC
Attorneys for Giavanna Homeowners
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IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE
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Dated 12-20-2017.
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