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

Filing 50

ORDER Granting 49 Stipulation to Extend Discovery Deadlines (Second Request). Discovery due by 3/30/2018. Motions due by 4/26/2018. Proposed Joint Pretrial Order due by 5/25/2018. Signed by Magistrate Judge George Foley, Jr on 2/9/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02779-JCM-GWF Document 49 Filed 02/08/18 Page 1 of 5

1 Joel E. Tasca
Nevada Bar No. 14124
2 Russell J. Burke
Nevada Bar No. 12710
3 BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
4 Las Vegas, Nevada 89135
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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Ballard Spahr LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
[phone]

9

DISTRICT OF NEVADA

11 JPMORGAN CHASE BANK, N.A.
Plaintiff,

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vs.

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

22 vs.
23 JPMORGAN CHASE BANK, N.A.
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Counter-Defendant.

25 SFR INVESTMENTS POOL 1, LLC., a
Nevada limited liability company,
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Cross-Claimant,
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vs.
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Case No. 2:16-cv-02779-JCM-GWF
STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS
(Second Request)

Case 2:16-cv-02779-JCM-GWF Document 49 Filed 02/08/18 Page 2 of 5

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2 SIU MING PANG, an individual,
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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/Cross-Claimant SFR
7 Investments Pool 1, LLC (“SFR”), and Diamond Creek Homeowners’ Association
8 (“Diamond Creek”),1 by and through their respective counsel of record, stipulate and
9 request that this Court extend discovery and dispositive motion deadlines in the
10 above-captioned case for an additional 30 days, to permit the parties to complete
Ballard Spahr LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
[phone]

11 party depositions, and specifically the deposition of Chase, whose designated
12 witness who underwent significant surgery in December and from which she will
13 not have recuperated until February 2018. The parties have conferred and agree
14 that this brief extension is the most reasonable way to complete discovery in this
15 case, including so that Chase’s designated witness has sufficient time to attend to
16 necessary medical treatment.
This is the parties’ second request for an extension to the scheduling order

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

Discovery Completed to Date

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

22 expert disclosure; first set of requests for production and interrogatories to SFR;
23 notice of Rule 30(b)(6) deposition of SFR; first set of requests for production and
24 interrogatories to Diamond Creek; and notice of Rule 30(b)(6) deposition of Diamond
25 Creek.
To date, SFR has served the following discovery: initial disclosures; first set

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Although Cross-Defendant Siu Ming Pang has been served in this case, (see ECF
28 No. 38), Mr. Pang has not otherwise appeared, and, therefore, this stipulation and
order is submitted without his signature.
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Case 2:16-cv-02779-JCM-GWF Document 49 Filed 02/08/18 Page 3 of 5

1 of requests for production, interrogatories, and requests for admissions to Chase;
2 and notice of Rule 30(b)(6) deposition of Chase. SFR has also responded to Chase’s
3 requests for production and interrogatories to SFR.
To date Diamond Creek has served the following discovery: initial

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5 disclosures.
6 B.

Specific Description of Discovery that Remains to be Completed

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SFR has also noticed a Rule 30(b)(6) deposition of Chase. As discussed below,

8 however, the parties seek to reschedule Chase’s to occur after the current discovery
9 cutoff of February 28, 2018.2
Chase has also noticed the Rule 30(b)(6) deposition of SFR and Diamond

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Ballard Spahr LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
[phone]

11 Creek.
12 C.

Good Cause Exists for the Requested Extension

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SFR has noticed Chase’s deposition for March 20, 2018, which is after the

14 current close of discovery. Chase’s Rule 30(b)(6) designee is not available until
15 March due to significant surgery that occurred in December. The parties have met
16 and conferred about rescheduling Chase’s deposition in this lawsuit to take place on
17 March 20, 2018, when the Chase designee should be recuperated from surgery and
18 able to travel to Las Vegas.

This is the parties’ second request to extend the

19 standard, 180-day discovery period in this case, and they seek the extension so that
20 Chase’s designated witness may have an opportunity to receive necessary medical
21 treatment and recover from the same.

The parties have diligently engaged in

22 discovery to date and seek this extension in good faith, and do not anticipate any
23 further extensions of the discovery deadlines.
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[Remainder of Page Intentionally Left Blank]

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

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Case 2:16-cv-02779-JCM-GWF Document 49 Filed 02/08/18 Page 4 of 5

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2 D.

Proposed Discovery Deadlines

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

4 file dispositive motions, and the deadline to file a pre-trial order by 30 days.
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Event

March 30, 2018

March 27, 2018

April 26, 2018

Pre-Trial Order

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February 28 2018

Dispositive Motions

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New Deadline

Close of Discovery

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Current Deadline3

April 26, 2018

May 25, 2018

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Ballard Spahr LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
[phone]

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See Scheduling Order, ECF No. 47.

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Case 2:16-cv-02779-JCM-GWF Document 49 Filed 02/08/18 Page 5 of 5

This extension is reasonable and necessary given the good cause set forth

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2 above.
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IT IS SO STIPULATED.

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Respectfully submitted this 8th day of February, 2018.

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6

Ballard Spahr LLP

Hall, Jaffe & Clayton, LLP

By: /s/ Russell J. Burke
7 Abran Vigil, Esq.
NV Bar No. 7548
8 Russell J. Burke, Esq.
NV Bar 12710
9 1980 Festival Plaza Drive, Suite 900
Las Vegas, NV 89135
10 Attorneys for JPMorgan Chase Bank,
Ballard Spahr LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
[phone]

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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

N.A.

12 Kim Gilbert Ebron
13 By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
14 NV Bar No. 10580
7625 Dean Martin Drive, Suite 110
15 Las Vegas, NV 89139

Attorneys for SFR Investments Pool 1,

16 LLC
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ORDER

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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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2/9/2018