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

Filing 36

ORDER granting 34 Stipulation re Discovery Deadlines. 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 Peggy A. Leen on 11/29/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02781-RFB-PAL Document 34 Filed 11/27/17 Page 1 of 5

1 Abran E. Vigil
Nevada Bar No. 7548
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/Counter-Defendant
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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

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JPMORGAN CHASE BANK, N.A.,
Plaintiff,

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vs.

SFR INVESTMENTS POOL 1, LLC, a
13 Nevada limited liability company; and
SUTTER CREEK HOMEOWNERS
14 ASSOCIATION, a Nevada non-profit
corporation,
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Defendants.
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17 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
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Counterclaimant,
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vs.
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JPMORGAN CHASE BANK, N.A.;
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Counter-Defendant.
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23 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
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Cross-Claimant,
25 vs.
26 WAI CHUNG NG, an individual,
Cross-Defendant.
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DMWEST #17270383 v1

Case No.: 2:16-cv-02781-RFB-PAL
STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
(First Request)

Case 2:16-cv-02781-RFB-PAL Document 34 Filed 11/27/17 Page 2 of 5

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

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2 Chase Bank, N.A. (“Chase”), defendant/counterclaimant SFR Investments Pool 1,
3 LLC (“SFR”), defendant Sutter Creek Homeowners’ Association (the “HOA) (all
4 parties together, the “Parties”),1 by and through their respective counsel of record,
5 stipulate and request that this Court extend discovery and dispositive motion
6 deadlines in the above-captioned case by approximately 90 days, to permit the
7 Parties to efficiently complete party depositions and outstanding written discovery.
8 The Parties have conferred and agree that this brief extension is the most
9 reasonable, most economical, and least burdensome way to complete discovery in
10 this case.2
This is the Parties’ first request for an extension to the scheduling order

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

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12 deadlines, which were submitted in compliance with LR 26-1. The Parties make
13 this request in good faith and not for purposes of delay.
14 I.

Discovery Completed to Date

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

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

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20 for production to Chase; interrogatories to Chase; requests for admission to Chase;
21 notice of deposition of Chase.
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To date, the HOA has served its initial disclosures.

23 B.

Specific Description of Discovery that Remains to be Completed

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

25 taking the respective Rule 30(b)(6) depositions. In addition, they are working to
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Wai Chung Ng has no appeared in this action.

The Parties expressly agree to waive the clause of the Discovery Plan and
Scheduling Order in which the Parties requested a 21-day notice for extensions of
28 discovery.
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Case 2:16-cv-02781-RFB-PAL Document 34 Filed 11/27/17 Page 3 of 5

1 schedule third-party and party depositions.

The parties have also noticed Rule

2 30(b)(6) party depositions for SFR and Chase. As discussed below, however, they
3 seek to schedule Chase’s deposition to occur after the current discovery cutoff.3
4 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

6 parties to complete written discovery and schedule depositions in a way that
7 minimizes burden and increases efficiency.

SFR served voluminous written

8 (approximately 170 discovery requests) on Chase on the last day to serve discovery.
9 While Chase requires additional time to respond to SFR’s discovery, Chase’s current
10 response deadline is December 4, 2017—i.e., the last day of the discovery period.
Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106-4617
[phone]

11 SFR is willing to provide Chase with an extension for its responses, but it cannot do
12 so unless discovery is extended.
Additionally, SFR has noticed Chase’s deposition for November 29, 2017, but

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14 Chase’s Rule 30(b)(6) designee is unavailable on this date due to other depositions.
15 Chase has noticed SFR’s deposition for December 4, 2017, but SFR’s designee is
16 unavailable on this date due to other depositions.

The Parties have met and

17 conferred about rescheduling the Chase deposition to take place during February
18 2018, when the Chase designee will be available and in Las Vegas.4 The Parties
19 have met and conferred about rescheduling the SFR deposition at a time and date
20 convenient to all Parties. This approach will significantly minimize the cost and
21 burden to the witness.
Moreover, scheduling the Chase deposition during this time period will also

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23 allow SFR to obtain Chase’s written discovery responses before deposing Chase, a
24 logical process that will enable SFR to conduct an efficient, productive, and targeted
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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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4 Chase’s designee needs until February 2018 to conduct the deposition due to an
28 upcoming medical procedure.

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Case 2:16-cv-02781-RFB-PAL Document 34 Filed 11/27/17 Page 4 of 5

1 deposition. SFR anticipates that it will be able to significantly limit the scope of the
2 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 10, 2018

March 27, 2018

Pre-Trial Order

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December 11, 2017

Dispositive Motions

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New Deadline

Close of Discovery

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Current Deadline5

February 9, 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 Sutter Creek Homeowners’
Association

Attorneys for JPMorgan Chase Bank,

22 N.A.
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///
///
///

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See Scheduling Order, ECF No. 26.
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Case 2:16-cv-02781-RFB-PAL Document 34 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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ORDER

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED:

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

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November 29, 2017