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

Filing 39

ORDER Granting 38 Stipulation re Discovery Deadlines. 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 Peggy A. Leen on 2/2/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-02781-RFB-PAL Document 38 Filed 01/29/18 Page 1 of 4

1 Abran E. Vigil
Nevada Bar No. 7548
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/Counter-Defendant
8

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

9

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

10

JPMORGAN CHASE BANK, N.A.,

11 vs.

Plaintiff,

12 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; and
13 SUTTER CREEK HOMEOWNERS
ASSOCIATION, a Nevada non-profit
14 corporation,
15

Case No.: 2:16-cv-02781-RFB-PAL
STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS
(Second Request)

Defendants.

16
SFR INVESTMENTS POOL 1, LLC, a
17 Nevada limited liability company,
18
19
20

vs.

Counterclaimant,

JPMORGAN CHASE BANK, N.A.;
Counter-Defendant.

21

22 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
23
Cross-Claimant,
24 vs.
25 WAI CHUNG NG, an individual, CrossDefendant.
26
Pursuant to LR IA 6-1 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan
27
Chase Bank, N.A. (“Chase”), Defendant/Counterclaimant/Cross-Claimant SFR
28
DMWEST #17388146 v1

Case 2:16-cv-02781-RFB-PAL Document 38 Filed 01/29/18 Page 2 of 4

1 Investments Pool 1, LLC (“SFR”), and Defendant Sutter Creek Homeowners’
2 Association (“Sutter Creek”),1 by and through their respective counsel of record,
3 stipulate and request that this Court extend discovery and dispositive motion
4 deadlines in the above-captioned case for an additional 30 days, to permit the
5 parties to complete party depositions, and specifically the deposition of Chase,
6 whose designated witness who underwent significant surgery in December and from
7 which she will not have recuperated until February 2018.

The parties have

8 conferred and agree that this brief extension is the most reasonable way to complete
9 discovery in this case, including so that Chase’s designated witness has sufficient
10 time to attend to necessary medical treatment.
This is the parties’ second request for an extension to the scheduling order

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

11

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 A.

Discovery Completed to Date

15

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

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

20

21 of requests for production, interrogatories, and requests for admissions to Chase;
22 and notice of Rule 30(b)(6) deposition of Chase. SFR has also responded to Chase’s
23 requests for production and interrogatories to SFR.
24

To date Sutter Creek has served the following discovery: initial disclosures.

25 B.

Specific Description of Discovery that Remains to be Completed

26

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

27

1 Although Cross-Defendant Wai Chung Ng has been served in this case, (see ECF
No. 29), Mr. Ng has not otherwise appeared, and, therefore, this stipulation and
28 order is submitted without his signature.

2
DMWEST #17388146 v1

Case 2:16-cv-02781-RFB-PAL Document 38 Filed 01/29/18 Page 3 of 4

1 however, the parties seek to reschedule Chase’s to occur after the current discovery
2 cutoff of February 28, 2018.2
3

Chase has also noticed the Rule 30(b)(6) deposition of SFR and Sutter Creek.

4 C.

Good Cause Exists for the Requested Extension

5

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

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

This is the parties’ second request to extend the

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

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

The parties have diligently engaged in

14 discovery to date and seek this extension in good faith, and do not anticipate any
15 further extensions of the discovery deadlines.
16
17

[Remainder of Page Intentionally Left Blank]

18
19
20
21
22
23
24
25
26
27

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

3
DMWEST #17388146 v1

Case 2:16-cv-02781-RFB-PAL Document 38 Filed 01/29/18 Page 4 of 4

1 D.

Proposed Discovery Deadlines

2

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

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

Event

6
7
8
9

February 28 2018
March 27, 2018
April 26, 2018

March 30, 2018
April 26, 2018
May 25, 2018

This extension is reasonable and necessary given the good cause set forth
above.
IT IS SO STIPULATED.

10

Respectfully submitted this 29th day of January, 2018.

11
Ballard Spahr LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
[phone]

New Deadline

Close of Discovery
Dispositive Motions
Pre-Trial Order

5

Current Deadline3

12 Ballard Spahr LLP

Hall, Jaffe & Clayton, LLP

13 By: /s/ Russell J. Burke
Abran Vigil, Esq.
14 NV Bar No. 7548
Russell J. Burke, Esq.
15 NV Bar 12710
1980 Festival Plaza Drive, Suite 900
16 Las Vegas, NV 89135

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,

17 N.A.

18 Kim Gilbert Ebron
19 By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
20 NV Bar No. 10580
7625 Dean Martin Drive, Suite 110
21 Las Vegas, NV 89139

Attorneys for SFR Investments Pool 1,

22 LLC
23

IT IS SO ORDERED:

24
_______________________________________
UNITED STATES MAGISTRATE JUDGE
DATED: February 2, 2018

25
26
27
28

3

See Scheduling Order, ECF No. 36.
4

DMWEST #17388146 v1