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

Filing 45

ORDER Granting 44 Stipulation to Extend Scheduling Order Deadlines (First Request). Discovery due by 2/19/2018. Motions due by 3/20/2018. Proposed Joint Pretrial Order due by 4/23/2018. Signed by Magistrate Judge Carl W. Hoffman on 12/1/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00004-GMN-CWH Document 44 Filed 11/29/17 Page 1 of 4

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Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.
UNITED STATES DISTRICT COURT

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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Abran E. Vigil, Esq.
Nevada Bar. No. 7548
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Kyle A. Ewing, Esq.
Nevada Bar. No. 14051
BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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DISTRICT OF NEVADA
JPMORGAN CHASE BANK, N.A., a
national banking association,

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Plaintiff,

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v.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; SEVEN
HILLS MASTER COMMUNITY
ASSOCIATION; and MOUSHIR
MANIOUS, an individual.

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Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company

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Counter/Cross-Claimant,

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v.

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JPMORGAN CHASE BANK, N.A., a
national banking association; UNITED
GUARANTY RESIDENTIAL INSURANCE
COMPANY OF NORTH CAROLINA;
MOUSHIR, an individual

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CASE NO.: 2:17-cv-00004-GMN-CWH

Counter/Cross-Defendants.

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STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 60 DAYS
(First Request)

Case 2:17-cv-00004-GMN-CWH Document 44 Filed 11/29/17 Page 2 of 4

Pursuant to LR IA 6-1 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan

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Chase Bank, N.A. (“Chase”), Defendant/Counterclaimant/Cross-Claimant SFR

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Investments Pool 1, LLC (“SFR”), and Defendant Seven Hills Master Community

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Association (the “HOA”) stipulate and request that this Court extend discovery and

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dispositive motion deadlines in the above-captioned case for 60 days, to permit the

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parties to efficiently complete depositions and outstanding written discovery. The

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parties have conferred and agree that this brief extension is the most reasonable,

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most economical, and least burdensome way to complete discovery in this case.
This is the parties’ first request for an extension to the scheduling order

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A.

Discovery Completed to Date

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

deadlines. The parties make this request in good faith and not for purposes of delay.

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100 NORTH CITY PARKWAY, SUITE 1750

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

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expert disclosure; requests for production to SFR; interrogatories to SFR; notice of

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Rule 30(b)(6) deposition of SFR; requests for production to the HOA; interrogatories

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to the HOA; notice of Rule 30(b)(6) deposition of the HOA; subpoena duces tecum to

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Alessi & Koenig (“Alessi”); and a subpoena for deposition testimony to Alessi.

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

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for production to Chase; interrogatories to Chase; requests for admission to Chase;

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notice of deposition of Chase.

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B.

Specific Description of Discovery that Remains to be Completed

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The parties are awaiting responses to the served discovery requests and

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Alessi’s responses to the subpoenas duces tecum. The Rule 30(b)(6) deposition for

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SFR currently is set for December 8, 2017. In addition, the parties are working to

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schedule Rule 30(b)(6) depositions for Alessi, the HOA, and Chase, but, as discussed

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below, they seek to schedule the depositions of Chase and the HOA after the current

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discovery cutoff.1

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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 2:17-cv-00004-GMN-CWH Document 44 Filed 11/29/17 Page 3 of 4

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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

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parties to complete written discovery and schedule depositions in a way that

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minimizes burden and increases efficiency.

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potential dates for the deposition of Chase’s Rule 30(b)(6) designee, who lives out of

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state. In addition, SFR has served voluminous written discovery requests on Chase.

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While Chase requires additional time to respond to SFR’s discovery, Chase’s current

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response deadline is December 17, 2017—i.e., only a few days before discovery ends

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on December 20, 2017. SFR is willing to provide Chase with an extension for its

SFR and Chase are conferring about

[phone] FAX [phone]

requested extension to the scheduling order deadlines will minimize the cost and

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

responses, but it cannot do so unless discovery is extended.

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100 NORTH CITY PARKWAY, SUITE 1750

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Accordingly, the

burden to the witness and provide sufficient time for Chase to respond to SFR’s

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discovery. It will also permit SFR to depose Chase after receiving Chase’s discovery

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responses, a logical process that will enable SFR to conduct an efficient, productive,

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and targeted deposition. SFR anticipates that it will be able to significantly limit the

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scope of the deposition based on the responses to its written discovery.

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In addition, the HOA’s Rule 30(b)(6) designee lives in Alabama and travels to

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Las Vegas monthly for depositions. While Chase’s counsel anticipated deposing the

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HOA’s designee on December 14 or 15, 2017, this date is no longer practicable as

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counsel’s office is moving to a new location on December 15, 2017. Accordingly, the

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next available date for the HOA’s deposition is not until January, 2018.

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Finally, this is the parties’ first request to extend discovery in this case, and

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they seek only a 60-day extension. The parties have diligently engaged in discovery

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to date and seek this extension in good faith.

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D.

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

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file dispositive motions, and the deadline to file a pre-trial order by 60 days. This

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extension is reasonable and necessary given the good cause set forth above.
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Case 2:17-cv-00004-GMN-CWH Document 44 Filed 11/29/17 Page 4 of 4

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Event

Current Deadline2

New Deadline

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Close of Discovery

December 20, 2017

February 19, 20183

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Dispositive Motions

January 19, 2018

March 20, 2018

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Pre-Trial Order

February 20, 2018

April 23, 20184

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IT IS SO STIPULATED.

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Respectfully submitted this 29th day of November, 2017.

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BALLARD SPAHR LLP

KIM GILBERT EBRON

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/s/ Lindsay Demaree
Abran E. Vigil, Esq.
Nevada Bar. No. 7548
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay C. Demaree, Esq.
Nevada Bar No. 11949
Kyle A. Ewing, Esq.
Nevada Bar. No. 14051
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106

/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Jaqueline A. Gilbert, Esq.
Karen L. Hanks, Esq.
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89014

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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Attorneys for Defendant/
Counterclaimant/Cross-Claimant SFR
Investments Pool 1, LLC

Attorneys for Plaintiff/CounterDefendant

BOYACK ORME & ANTHONY
/s/ Patrick Orme
Patrick Orme, Esq.
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117

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Attorneys for Defendant Seven Hills
Master Community Association

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ORDER

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IT IS SO ORDERED.

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__________________________________________
UNITED STATES MAGISTRATE JUDGE
DATED: ___________________________
December 1, 2017

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See Scheduling Order, ECF No. 27.

Sixty days after December 20, 2017, falls on Sunday, February 18, 2018. The
deadline is thus advanced to the next judicial day.
4 Sixty days after February 20, 2018, falls on Saturday, April 21, 2018. The deadline
is thus advanced to the next judicial day.
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