U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al
Filing
47
ORDER Granting 45 Joint Motion to Amend Discovery Plan and Scheduling Order. Discovery due by 10/9/2017. Motions due by 11/7/2017. Proposed Joint Pretrial Order due by 12/7/2017. Signed by Magistrate Judge George Foley, Jr on 6/1/17. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 1 of 6
1 Abran E. Vigil
Nevada Bar No. 7548
2 Justin A. Shiroff
Nevada Bar No. 12869
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106
Telephone: (702) 471-7000
5 Facsimile: (702) 471-7070
vigila@ballardspahr.com
6 shiroff@ballardspahr.com
7 Attorneys for Plaintiff U.S. Bank
N.A., successor trustee to Bank of
8 America, N.A., successor in interest
to LaSalle Bank N.A., as trustee,
9 on behalf of the holders of the
Washington Mutual Mortgage
10 Pass-Through Certificates,
WMALT Series 2005-10
LAS VEGAS, NEVADA 89106
12
(702) 471-7000 FAX (702) 471-7070
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11
UNITED STATES DISTRICT COURT
13
DISTRICT OF NEVADA
14 U.S. BANK N.A., SUCCESSOR TRUSTEE
TO BANK OF AMERICA, N.A.,
15 SUCCESSOR IN INTEREST TO
LASALLE BANK N.A., AS TRUSTEE, ON
16 BEHALF OF THE HOLDERS OF THE
WASHINGTON MUTUAL MORTGAGE
17 PASS-THROUGH CERTIFICATES,
WMALT SERIES 2005-10,
18
Plaintiff,
19
vs.
20
SFR INVESTMENTS POOL 1 LLC, a
21 Nevada limited liability company;
SHERMAN OAKS ESTATES OWNERS
22 ASSOCIATION, a Nevada non-profit
corporation.
23
Defendant.
24
25 SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
26
Counter/Cross-claimant,
27
vs.
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DMWEST #16495247 v1
Case No. 2:16-cv-02801-JCM-GWF
JOINT MOTION TO AMEND
DISCOVERY PLAN AND
SCHEDULING ORDER
(First Request)
Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 2 of 6
1 U.S. BANK N.A., SUCCESSOR TRUSTEE
TO BANK OF AMERICA, N.A.,
2 SUCCESSOR IN INTEREST TO
LASALLE BANK N.A., AS TRUSTEE, ON
3 BEHALF OF THE HOLDERS OF THE
WASHINGTON MUTUAL MORTGAGE
4 PASS-THROUGH CERTIFICATES,
WMALT SERIES 2005-10; DAVID L.
5 MCCOY, an individual; PAMELA MCCOY,
an individual,
6
Counter/Cross-defendants.
7
Plaintiff/Counter-Defendant U.S. Bank N.A., successor trustee to Bank of
8
9 America, N.A., successor in interest to LaSalle Bank N.A., as trustee, on behalf of
10 the holders of the Washington Mutual Mortgage Pass-Through Certificates,
LAS VEGAS, NEVADA 89106
12 Owners Association (“Sherman Oaks”) (collectively, the “Moving Parties”) hereby
(702) 471-7000 FAX (702) 471-7070
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11 WMALT Series 2005-10 (the “Trustee”) and Defendant Sherman Oaks Estates
13 submit this Joint Motion to Amend the Joint Discovery Plan and Scheduling Order
14 pursuant to LR 6-1 and 26-4.
MEMORANDUM OF POINTS AND AUTHORITIES
15
16 I.
STATEMENT OF FACTS
17
1.
The complaint was filed in this matter on December 6, 2016, and
18 service was effected on SFR and Sherman Oaks on December 13, 2016.
19
2.
On January 10, 2017, Sherman Oaks filed a motion to dismiss and a
20 motion for a more definitive statement. Trustee timely opposed those motions, and
21 Sherman Oaks filed its replies in support on January 27, 2017.
22
3.
On January 17, 2017, SFR filed a motion to certify a question of law to
23 the Nevada Supreme Court, its answer, and a counterclaim against Trustee and
24 David L. McCoy, the borrower under the note and deed of trust held by Trustee.
25
4.
Trustee filed a timely opposition to SFR’s motion to certify on January
26 31, 2017, and SFR filed its reply on February 3, 2017.
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DMWEST #16495247 v1
Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 3 of 6
5.
1
Trustee replied to SFR’s counterclaim on February 7, 2017.
Mr.
2 McCoy was served with SFR’s counterclaim on February 17, 2017, but has not
3 answered or otherwise responded.
6.
4
Thereafter the parties conferred and filed with the court a proposed
5 discovery plan and scheduling order in compliance with Local Rule 26-1, setting
6 July 10, 2017 as the discovery cutoff.
7.
7
In compliance with the discovery plan and scheduling order, Sherman
8 Oaks served its initial disclosures on March 14, 2017, and Trustee and SFR served
9 their initial disclosures on March 24, 2017.
The Moving Parties have been diligently prosecuting this matter without
10
LAS VEGAS, NEVADA 89106
12 discovery deadline and corresponding deadlines is necessary and warranted. The
(702) 471-7000 FAX (702) 471-7070
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11 intentional delays. However, the Moving Parties agree that an extension of the
13 early months of this case were consumed with motion practice on the Defendants’
14 various motions and additional pleadings and, accordingly, discovery could not
15 begin in earnest until the parties initial disclosures were produced by March 24,
16 2017, pursuant to the scheduling order. In responding to the discovery propounded
17 to date, it has become clear the Moving Parties require additional time to provide
18 complete and accurate discovery responses, and the discovery deadline now looms
19 over the expected response timelines. To allow the parties to conduct complete
20 discovery in this matter, the Moving Parties therefore request and stipulate to a 90
21 day extension of the current discovery deadline pursuant to Local Rule 7-1.
22 II.
LOCAL RULE 26-4 REQUIREMENTS
23
A.
24
Discovery Completed
Sherman Oaks has completed the following:
25
i.
Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
26
ii.
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iii.
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Trustee has completed the following:
Production of Documents (100 pages, unstamped)
Service of its Interrogatories to Trustee;
3
DMWEST #16495247 v1
Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 4 of 6
1
i.
Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
2
ii.
Production of Documents USB-BS_000001 to USB-BS-000028;
SFR has completed the following:
3
4
i.
5
ii.
6
iii.
7
B.
Designation of expert witness;
Discovery to be Completed
9
i.
10
ii.
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iii.
Continued production of documents as they are located;
Designation of rebuttal expert witnesses, if any;
Service of additional Written Discovery, including
LAS VEGAS, NEVADA 89106
12
(702) 471-7000 FAX (702) 471-7070
BALLARD SPAHR LLP
Production of Documents SFR0001 to SFR0253;
The Moving Parties anticipate the following:
8
100 NORTH CITY PARKWAY, SUITE 1750
Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
Interrogatories, Requests for Production of Documents, and
13
Requests for Admission;
iv.
14
Service of additional responses to Written Discovery, including
15
Interrogatories, Requests for Production of Documents, and
16
Requests for Admission;
17
v.
18
vi.
Issuance of Subpoenas Duces Tecum for relevant non-parties;
Scheduling of depositions for parties and relevant non-party
witnesses.
19
20
C.
Good Cause Exists for Extending Discovery Plan Deadlines
21
As detailed above, the early months of this case involved substantial briefing
22 on dispositive motions, and the parties only began discovery in earnest after the
23 service of initial disclosures on March 24, 2017. Trustee requires additional time to
24 respond to discovery requests propounded by Sherman Oaks, and the Moving
25 Parties anticipate additional time will be necessary to complete written discovery,
26 schedule depositions of relevant witnesses, and seek further discovery from third
27 parties. Accordingly, to permit the parties sufficient time to conduct meaningful
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DMWEST #16495247 v1
Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 5 of 6
1 discovery, the Moving Parties agree it is necessary and beneficial to extend the
2 discovery deadline by 90 days.
3
D.
Proposed Schedule for Completing All Remaining Discovery
4
By this Joint Motion, the Moving Parties seek to amend the schedule as set
5 forth on p. 3 of the Scheduling Order to extend the following deadlines by ninety
6 (90) days:
7
A.
Discovery cutoff: Monday, October 9, 2017;
8
B.
Dispositive motions: Tuesday, November 7, 2017;
9
C.
Joint proposed pretrial order: Thursday, December 7, 2017. Pursuant
10 to LR 26-1(b)(5), if dispositive motions are filed, this deadline will be suspended
LAS VEGAS, NEVADA 89106
12
(702) 471-7000 FAX (702) 471-7070
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11 until 30 days after decision of the dispositive motions or further order of the Court.
The Moving Parties also agree and stipulate to extend the deadline for
13 rebuttal expert disclosures by 30 days:
14
D.
Rebuttal expert disclosures: Wednesday, July 12, 2017.
15
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[Remainder of Page Intentionally Left Blank]
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DMWEST #16495247 v1
Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 6 of 6
CONCLUSION
1
2
For the above-stated reasons, the Moving Parties respectfully request that
3 this Court enter an Order granting this Joint Motion to Amend the Discovery Plan
4 and Scheduling Order using the new deadlines noted above.
5
6
7
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LAS VEGAS, NEVADA 89106
12
(702) 471-7000 FAX (702) 471-7070
BALLARD SPAHR LLP
100 NORTH CITY PARKWAY, SUITE 1750
11
Dated this 30th day of May, 2017.
Dated this 30th day of May, 2017.
BALLARD SPAHR LLP
DENNETT WINSPEAR, LLP
By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Justin A. Shiroff, Esq.
Nevada Bar No. 12869
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
By: /s/ Matthew A. Sarnoski
Gina Gilbert Winspear, Esq.
Nevada Bar No. 5552
Matthew A. Sarnoski, Esq.
Nevada Bar No. 9176
3301 N. Buffalo Drive, Suite 195
Las Vegas, NV 89129
Attorneys for Plaintiff
Attorney for Sherman Oaks Estates
Owners Association
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ORDER
IT IS SO ORDERED.
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20
UNITED STATES MAGISTRATE JUDGE
21
Dated:
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DMWEST #16495247 v1
6/01/2017
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