U.S. Bank N.A. v. Capitol Reef Revocable Trust, et al

Filing 31

ORDER Granting 29 Stipulation to Amend Discovery Plan and Scheduling Order (Second Request). Motions due by 1/23/2018. Proposed Joint Pretrial Order due by 2/22/2018. Signed by Magistrate Judge Peggy A. Leen on 1/4/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02774-RFB-PAL Document 29 Filed 12/27/17 Page 1 of 5

1 Abran E. Vigil
Nevada Bar No. 7548
2 Sylvia O. Semper
Nevada Bar No. 12863
3 BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
4 Las Vegas, Nevada 89135
Telephone: [phone]
5 Facsimile: [phone]
E-Mail: [e-mail]
6 E-Mail: [e-mail]
7 Attorneys for Plaintiff U.S. Bank N.A.,
[phone] FAX [phone]

LAS VEGAS, NEVADA 89135-2958

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

As Trustee f/b/o holders of

8 Structured Asset Mortgage

Investments II Inc., Bear Sterns ALT-A

9 Trust, Mortgage Pass-Through
10

Certificates, Series 2006-3

11

UNITED STATES DISTRICT COURT

12

DISTRICT OF NEVADA

13

U.S. BANK N. A., AS TRUSTEE F/B/O
14 HOLDERS OF STRUCTURED ASSET
MORTGAGE INVESTMENTS II INC.,
15 BEAR STEARNS ALT-A TRUST,
MORTGAGE PASS-THROUGH
16 CERTIFICATES, SERIES 2006-3,

CASE NO.

2:16-CV-02774-RFB-PAL

18 vs.

STIPULATION TO AMEND
DISCOVERY PLAN AND
SCHEDULING ORDER

19

(SECOND REQUEST)

17

Plaintiff,

CAPITOL REEF REVOCABLE TRUST, a
20 Nevada trust; FALLS AT HIDDEN
CANYON HOMEOWNERS
21 ASSOCIATION, INC., a Nevada non-profit
corporation,
22
Defendants.
23
24

Plaintiff U.S. Bank N. A., as Trustee f/b/o Holders of Structured Asset

25 Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through
26 Certificates, Series 2006-3 (“Trustee”); Defendant Capitol Reef Revocable Trust
27 (“Capitol Reef”); and Defendant Falls at Hidden Canyon Homeowners Association,
28 Inc. (the “Association”) (collectively, the “Parties”) hereby submit this Stipulation to

Case 2:16-cv-02774-RFB-PAL Document 29 Filed 12/27/17 Page 2 of 5

1 Amend Discovery Plan and Scheduling Order pursuant to LR IA6-1 and LR 26-4.
MEMORANDUM OF POINTS AND AUTHORITIES

2
3 I.

STATEMENT OF FACTS

4

Trustee commenced this litigation on December 2, 2016. (ECF No. 1). On

5 December 19, 2016, Trustee filed Proof of Compliance with Federal Rule of Civil
6 Procedure 5.1(a) giving notice of constitutional question to the Nevada Attorney
(ECF No. 4).

On April 5, 2017, the Association filed its answer to

[phone] FAX [phone]

8 Trustee’s complaint. (ECF No. 10). On April 14, 2017, Capitol Reef filed a motion
LAS VEGAS, NEVADA 89135-2958

B BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

7 General.

9 to dismiss Trustee’s complaint. (ECF No. 14). The Court has not yet ruled on this
10 motion.
11

On May 22, 2017, the Parties filed a Stipulated Discovery Plan and

12 Scheduling Order.

(ECF No. 18).

On May 31, 2017, the Court granted the

13 Stipulated Discovery Plan and Scheduling Order (the “Scheduling Order”). (ECF
14 No. 19). On October 9, 2017, the Parties filed a Stipulation to Amend Discovery
15 Plan and Scheduling Order (First Request). (ECF No. 25). On October 18, 2017,
16 the Court granted the Stipulation to Amend Discovery Plan and Scheduling Order
17 (First Request). (ECF No. 27).
18

The Parties have been prosecuting this matter without intentional delays.

19 However, the Parties agree that a short extension of the dispositive motion and
20 joint pretrial order deadlines is necessary and warranted.

In light of the

21 intervening holidays, an extension is necessary to permit better access to and
22 communication with the respective parties regarding dispositive motions and to
23 further settlement discussions.

More importantly, an extension will allow all

24 parties to discuss settlement options prior to undertaking the expense of briefing
25 dispositive motions.
26 II.

LOCAL RULE 26-4 REQUIREMENTS

27

A.

28

Trustee has completed the following:

Discovery Completed

Case 2:16-cv-02774-RFB-PAL Document 29 Filed 12/27/17 Page 3 of 5

1

i.

2

ii.

iii.

4

iv.

6

v.

[phone] FAX [phone]

8
LAS VEGAS, NEVADA 89135-2958

B BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

Service of Subpoena Duces Tecum on Hampton & Hampton
Collections, LLC, collections agent for the Association;

7

Responded to the Association’s Request for Admissions,
Requests for Production of Documents, and Interrogatories; and

9
vi.

10

Taking depositions of Capitol Reef, the Association, and
Hampton & Hampton.

11

The Association has completed the following:

13

i.

14

ii.

Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
Service of its Request for Admissions, Requests for Production of
Documents, and Interrogatories to Trustee; and

15
iii.

16

Responded to Trustee’s Request for Admissions, Requests for
Production of Documents, and Interrogatories.

17

Capitol Reef has completed the following:
i.

19

Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
and

20
ii.

21

Responded to the Association’s Request for Admissions,
Requests for Production of Documents, and Interrogatories.

22
23

Service of its Request for Admissions, Requests for Production of
Documents and Interrogatories to Capitol Reef;

5

18

Service of its Request for Admissions, Requests for Production of
Documents, and Interrogatories to the Association;

3

12

Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);

B.

Discovery to be Completed
None. All discovery is complete.

24
25

C.

Good Cause Exists for Extending Discovery Plan Deadlines

26

Since the Court issued its Scheduling Order, the Parties have fully briefed

27 Capitol Reef’s Motion to Dismiss the Complaint. The parties also have completed
28 discovery. The Parties agree that a short extension of the dispositive motion and

Case 2:16-cv-02774-RFB-PAL Document 29 Filed 12/27/17 Page 4 of 5

1 joint pretrial order deadlines is necessary and warranted. An extension will allow
2 all parties time to discuss settlement options prior to briefing dispositive motions.
3 Productive settlement discussions are more likely to result in a favorable outcome
4 at this time because all parties have the benefit of completed discovery. Thus, it is
5 beneficial, necessary, and most efficient to extend the dispositive motions deadline
6 so that the Parties can best assess settlement possibilities.
In addition, in light of the intervening holidays, access to client decision-

[phone] FAX [phone]

8 makers and client information is somewhat hindered.
LAS VEGAS, NEVADA 89135-2958

B BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

7

An extension of the

9 dispositive motion and pre-trial order deadline will allow the parties to better
10 communicate with their respective clients to further settlement discussions and
11 more efficiently brief dispositive motions.
12

D.

Proposed Schedule

13

By this Stipulation, the Parties seek to amend the schedule as set forth on

14 page 2 of the Order to extend the dispositive motions and joint proposed trial order
15 deadlines by twenty-one (21) days:
16

1.

Dispositive motion deadline: January 23, 2018; and

17

2.

Joint proposed pretrial order: February 22, 2018.

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[Remainder of page intentionally left blank]

Case 2:16-cv-02774-RFB-PAL Document 29 Filed 12/27/17 Page 5 of 5

1 III.

CONCLUSION

2

For the above-stated reasons, the Parties respectfully request that this Court

3 enter an Order approving this Stipulation to Amend the Discovery Plan and
4 Scheduling Order (Second Request) using the new deadlines noted above.
5

Dated December 27, 2017.

6

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135-2958

B BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

7 THE WRIGHT LAW GROUP, P.C.

BALLARD SPAHR LLP

8 BY: /S/ JOHN HENRY WRIGHT
John Henry Wright, Esq.
9
Nevada Bar No. 6182
10 2340 Paseo Del Prado, Ste. D-305
Las Vegas, Nevada 89102
11
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18

By: /S/ AMBER R. GONZALES

Abran E. Vigil
Nevada Bar No. 7548
Sylvia O. Semper
Nevada Bar No. 12863
1980 Festival Plaza Dr., Suite 900
Las Vegas, NV 89135

Attorney for Defendant Capitol Reef
Revocable Trust

-and-

TYSON & MENDES, LLP
BY: /S/ MARGARET SCHMIDT
Thomas E. McGrath, Esq.
Nevada Bar No. 7086
Christopher A. Lund, Esq.
Nevada Bar No. 12435
Margaret Schmidt, Esq.
Nevada Bar No. 12489
8275 South Eastern Ave., Ste. 115
Las Vegas, Nevada 89123

Amber R. Gonzales
Colorado Bar No. 49993
(admitted pro hac vice)
1225 17th Street, Suite 2300
Denver, Colorado 80202

Attorneys for Plaintiff

19 Attorney for Defendant Falls at Hidden
20

Canyon Homeowners Association

21
22
ORDER

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24

IT IS SO ORDERED:

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26

UNITED STATES MAGISTRATE JUDGE

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DATED:

January 4, 2018