JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 47

ORDER Granting 46 Stipulation to Extend Scheduling Order (First Request). Discovery due by 2/28/2018. Motions due by 3/27/2018. Proposed Joint Pretrial Order due by 4/26/2018. Signed by Magistrate Judge George Foley, Jr on 11/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02779-JCM-GWF Document 46 Filed 11/27/17 Page 1 of 5

1 Joel E. Tasca
Nevada Bar No. 14124
2 Russell J. Burke
Nevada Bar No. 12710
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

10 JPMORGAN CHASE BANK, N.A.
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Plaintiff,

12
13 vs.

14 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company;
15 MOUNTAIN’S EDGE MASTER
ASSOCIATION, a Nevada non-profit
16 corporation; and DIAMOND CREEK
HOMEOWNERS’ ASSOCIATION, a
17 Nevada non-profit corporation.
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Defendants.

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SFR INVESTMENTS POOL 1, LLC., a
20 Nevada limited liability company,
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Counter-Claimant,
vs.
JPMORGAN CHASE BANK, N.A.
Counter-Defendant.

SFR INVESTMENTS POOL 1, LLC., a
26 Nevada limited liability company,
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Cross-Claimant,

DMWEST #17269956 v2

Case No. 2:16-cv-02779-JCM-GWF
STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
(First Request)

Case 2:16-cv-02779-JCM-GWF Document 46 Filed 11/27/17 Page 2 of 5

1 vs.
2 SIU MING PANG, an individual,
3

Cross-Defendant.

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Pursuant to LR IA 6-1 and LR 26-4, plaintiff/counter-defendant JPMorgan

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6 Chase Bank, N.A. (“Chase”), defendant/counterclaimant SFR Investments Pool 1,
7 LLC (“SFR”), defendant Diamond Creek Homeowners’ Association (the “HOA) (all
8 parties together, the “Parties”),1 by and through their respective counsel of record,
9 stipulate and request that this Court extend discovery and dispositive motion
10 deadlines in the above-captioned case by approximately 90 days, to permit the
Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

11 Parties to efficiently complete party depositions and outstanding written discovery.
12 The Parties have conferred and agree that this brief extension is the most
13 reasonable, most economical, and least burdensome way to complete discovery in
14 this case.2
This is the parties’ first request for an extension to the scheduling order

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16 deadlines, which were submitted in compliance with LR 26-1. The parties make
17 this request in good faith and not for purposes of delay.
18 I.

Discovery Completed to Date

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To date, Chase has served the following discovery: initial disclosures; initial

20 expert disclosure; requests for production to SFR; interrogatories to SFR; notice of
21 Rule 30(b)(6) deposition of SFR; requests or production to the HOA; interrogatories
22 to the HOA; and deposition of the HOA.
To date, SFR has served the following discovery: initial disclosures; requests

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24 for production to Chase; interrogatories to Chase; requests for admission to Chase;
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Mountain’s Edge Master Association is no longer a party to this case. Siu Ming
Pang has not appeared.
1

The Parties expressly agree to waive the clause of the Discovery Plan and
28 Scheduling Order in which the Parties requested a 21-day notice for extensions of
discovery.
2

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Case 2:16-cv-02779-JCM-GWF Document 46 Filed 11/27/17 Page 3 of 5

1 notice of deposition of Chase.
2 B.

Specific Description of Discovery that Remains to be Completed

3

The parties are awaiting responses to the served discovery requests prior to

4 taking the respective Rule 30(b)(6) depositions. In addition, they are working to
5 schedule third-party and party depositions.

The parties have also noticed Rule

6 30(b)(6) party depositions for SFR and Chase. As discussed below, however, they
7 seek to schedule Chase’s deposition to occur after the current discovery cutoff.3
8 C.

Good Cause Exists for the Requested Extension

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Good cause exists for the requested extension, as it will provide time for the

10 parties to complete written discovery and schedule depositions in a way that
Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

11 minimizes burden and increases efficiency.

SFR served voluminous written

12 (approximately 170 discovery requests) on Chase on the last day to serve discovery.
13 While Chase requires additional time to respond to SFR’s discovery, Chase’s current
14 response deadline is December 4, 2017—i.e., the last day of the discovery period.
15 SFR is willing to provide Chase with an extension for its responses, but it cannot do
16 so unless discovery is extended.
Additionally, SFR has noticed Chase’s deposition for November 28, 2017, but

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18 Chase’s Rule 30(b)(6) designee is unavailable on this date due other depositions.
19 The parties have met and conferred about rescheduling the deposition to take place
20 during February 2018, when the Chase designee will be available and in Las
21 Vegas.4

This approach will significantly minimize the cost and burden to the

22 witness. Moreover, scheduling the Chase deposition during this time period will
23 also allow SFR to obtain Chase’s written discovery responses before deposing
24 Chase, a logical process that will enable SFR to conduct an efficient, productive, and
25
26

The parties further reserve their rights to meet and confer and, if necessary,
27 engage in motion practice regarding any discovery issues that may arise.
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3

Chase’s designee needs until February 2018 to conduct the deposition due to an
upcoming medical procedure.
4

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Case 2:16-cv-02779-JCM-GWF Document 46 Filed 11/27/17 Page 4 of 5

1 targeted deposition. SFR anticipates that it will be able to significantly limit the
2 scope of the deposition based on the responses to its written discovery.
Finally, this is the parties’ first request to extend discovery, and the parties

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4 do not anticipate any further extensions. The parties have diligently engaged in
5 discovery to date and seek this extension in good faith.
6 D.

Proposed Discovery Deadlines

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The parties request an order extending the close of discovery, the deadline to

8 file dispositive motions, and the deadline to file a pre-trial order. This extension is
9 reasonable and necessary given the good cause set forth above.
10

Event

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

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February 28, 2018

January 3, 2018

March 27, 2018

Pre-Trial Order

13

December 4, 2017

Dispositive Motions

12

New Deadline

Close of Discovery

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Current Deadline5

February 2, 2018

April 26, 2018

IT IS SO STIPULATED.

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Respectfully submitted this 27th day of November, 2017.

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17 Ballard Spahr LLP

Hall, Jaffe & Clayton, LLP

18 By: /s/ Russell J. Burke
Joel E. Tasca, Esq.
19 NV Bar No. 14124
Russell J. Burke, Esq.
20 NV Bar 12710
100 N. City Parkway, Suite 1750
21 Las Vegas, NV 89106

By: /s/ Ashlie L. Surur
Ashlie L. Surur, Esq.
NV Bar No. 11290
7425 Peak Drive
Las Vegas, NV 89128

Attorneys for Diamond Creek
Homeowners’ Association

Attorneys for JPMorgan Chase Bank,

22 N.A.
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///
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///

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See Scheduling Order, ECF No. 26.

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Case 2:16-cv-02779-JCM-GWF Document 46 Filed 11/27/17 Page 5 of 5

1 Kim Gilbert Ebron
2 By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
3 NV Bar No. 10580
7625 Dean Martin Drive, Suite 110
4 Las Vegas, NV 89139

Attorneys for SFR Investments Pool 1,

5 LLC
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7

ORDER

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

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DATED:

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11/28/2017