Citibank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 45

ORDER Granting 44 Stipulation re Discovery Deadlines. Discovery due by 3/5/2018. Motions due by 4/4/2018. Proposed Joint Pretrial Order due by 5/4/2018. Signed by Magistrate Judge Cam Ferenbach on 1/4/2018. (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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff Citibank, N.A. as
Trustee for the Certificateholders of
8 Structured Asset Mortgage Investments II,
Inc., Bear Stearns ALT-A Trust, Mortgage
9 Pass-Through Certificates Series 2006-6 and
Mortgage Electronic Registration Systems,
10 Inc.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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CITIBANK, N.A. AS TRUSTEE FOR THE
14 CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
15 INVESTMENTS II, INC., BEAR
STEARNS ALT-A TRUST, MORTGAGE
16 PASS-THROUGH CERTIFICATES
SERIES 2006-6
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Plaintiff,
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vs.
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SFR INVESTMENTS POOL 1, LLC, a
20 Nevada non-profit corporation; SEVILLE
ETAGE HOMEOWNERS ASSOCIATION,
21 a Nevada non-profit corporation,
Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
24 Nevada limited liability company,
Counter/Cross Claimant

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26 vs.

27 CITIBANK, N.A. AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
28 STRUCTURED ASSET MORTGAGE
INVESTMENTS II, INC., BEAR
DMWEST #17336952 v1

Case No. 2:16-cv-02766-JCM-VCF
STIPULATION AND ORDER TO
EXTEND DISCOVERY
DEADLINES
(SECOND REQUEST)

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STEARNS ALT-A TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES
SERIES 2006-6; MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR
REPUBLIC MORTGAGE, LLC DBA
REPUBLIC MORTGAGE; FRANKIE M.
ABENOJAR, an individual; JANE P.
ABENOJAR, an individual,
Counter/Cross Defendants/

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Pursuant to Fed. R. Civ. P. 26(a)(2) and 6(b)(a)(1)(A) and LR 26-4, Plaintiff,

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Citibank, N.A. as Trustee for the Certificateholders of Structured Asset Mortgage

10 Investments II, Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through
11 Certificates Series 2006-6 and Mortgage Electronic Registration Systems, Inc.
12 (“Trustee”), Defendant SFR Investment Pools 1, LLC (“SFR”), and Defendant

[phone] FAX [phone]

14 hereby submit the following Stipulation and Order to Extend Discovery Deadlines
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

13 Seville Etage Homeowners Association (the “Association”) (together, the “Parties”)
15 (Second Request).
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Under the Discovery Plan and Scheduling Order [ECF No. 33], as amended

17 by the signed Stipulation and Order to Extend Discovery Deadlines [ECF No. 42.]
18 the current deadlines are as follows:
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Discovery Cut-Off

Tuesday, January 2, 2018

Dispositive Motions

Thursday, February 1, 2018

Joint Pre-Trial Order

Thursday, March 1, 2018

Pursuant to LR 26-4, a stipulation to extend any dates set by the scheduling

24 order must be supported by a showing of good cause for the extension. “The good
25 cause inquiry focuses primarily on the movant's diligence.” Novotny v. Outback
26 Steakhouse of Fla., LLC, 2017 U.S. Dist. LEXIS 114672 at *2 (D. Nev. July 21,
27 2017) (citing Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 2000)).
28 “Good cause to extend a discovery deadline exists ‘if it cannot reasonably be met
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DMWEST #17336952 v1

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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

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in 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

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to take, defend, and prepare for the deposition of the Trustee’s 30(b)(6) witness.

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(a) Statement Specifying the Discovery Completed;

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At this point in litigation, Trustee has provided its initial disclosures, issued

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supplemental initial disclosures, responded to SFR’s first and second set of

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discovery requests, served and received responses to written discovery requests to

10 all Parties, and noticed the 30(b)(6) deposition of SFR’s chosen witness.
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SFR has provided its initial disclosures and served and received responses to

12 written discovery requests to the Trustee, served a second round of written

[phone] FAX [phone]

14 Trustee’s 30(b)(6) witness on December 6, 2017, but left the deposition open because
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

13 discovery on the Trustee on September 29, 2017. SFR took the deposition of the
15 the Trustee had been unable to obtain certain documents about which SFR sought
16 information in advance of the noticed deposition.

The parties rescheduled the

17 deposition of the Trustee’s 30(b)(6) witness for December 19, 2017. Though the
18 Trustee was able to obtain the requested documents by that date, it was unable to
19 complete its investigation about the contents of the documents by that date so as to
20 be able to respond to SFR’s questions. Accordingly, the Parties agreed to vacate the
21 deposition of the Trustee’s 30(b)(6) witness and reschedule at a later date once the
22 Trustee is able to obtain the requested information. Unfortunately, the Parties
23 were unable to find a date where counsel and the witness had availability before the
24 current close of discovery.
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The Association has served its initial disclosures and served written

26 discovery requests to the Trustee.
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(b) Specific Description of the Discovery that Remains to be Completed

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Once Trustee finalizes its responses to written discovery requests issued by
the HOA, the Trustee needs to provide these responses.

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The 30(b)(6) deposition of the Trustee’s chosen witness needs to be continued

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to a later date because SFR has asked for the witness to be prepared to answer

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questions about the content and context of certain documents, and the Trustee has

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agreed to investigate and attempt to obtain this information in advance of the

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30(b)(6) deposition.

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require at a minimum a 30-day extension of discovery, and to be sure the relevant

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schedules can be accommodated, the Parties would prefer a 60-day extension of the

Given witness and counsel availability, such an extension will

10 close of discovery.
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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, the Parties have

[phone] FAX [phone]

14 deposition of the Trustee’s 30(b)(6) witness due to trial demands and depositions in
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

13 been unable to arrive at a mutually agreeable deposition date for the continued
15 other matters. Additionally, the Trustee requires additional time to investigate and
16 obtain the information about which SFR seeks to ask questions. The Parties believe
17 an additional 60 days will provide adequate time to conduct the depositions of
18 Trustee’s 30(b)(6) witness.
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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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Discovery Cut-Off

Monday, March 5, 2018

Dispositive Motions

Wednesday, April 4, 2018

Joint Pre-Trial Order

Friday, May 4, 2018

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DMWEST #17336952 v1

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: January 2, 2018.

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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BALLARD SPAHR LLP

LIPSON NEILSON COLE SELTZER & GARIN,
P.C.

By: /s/ Justin A. Shiroff
Abran E. Vigil, NV Bar No. 7548
Justin A. Shiroff, NV Bar No. 12869
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: /s/ David T. Ochoa
Kaleb D. Anderson, Esq.
Nevada Bar No. 07582
David T. Ochoa, Esq.
Nevada Bar No. 10414
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144

Attorneys for Plaintiff Citibank, N.A.
as Trustee for the Certificateholders of
Structured Asset Mortgage
Investments II, Inc., Bear Stearns
ALT-A Trust, Mortgage Pass-Through
Certificates Series 2006-6 and
Mortgage Electronic Registration
Systems, Inc.

Attorney for Defendant Seville Etage
Homeowners Association

KIM GILBERT EBRON
By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

Attorneys for SFR Investments Pool 1,
LLC

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

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Dated:
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DMWEST #17336952 v1

1-4-2018