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

Filing 48

ORDER Granting 47 Stipulation to Extend Scheduling Order Deadlines (Second Request). Discovery due by 3/21/2018. Motions due by 4/20/2018. Proposed Joint Pretrial Order due by 5/23/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00004-GMN-CWH Document 47 Filed 01/10/18 Page 1 of 5

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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 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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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
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
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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CASE NO. 2:17-CV-00004-GMN-CWH

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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Counter/Cross-Defendants.
DMWEST #17361993 v2

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 30 DAYS
(Second Request)

Case 2:17-cv-00004-GMN-CWH Document 47 Filed 01/10/18 Page 2 of 5

Association (“Seven Hills”), by and through their respective counsel of record,

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stipulate and request that this Court extend discovery and dispositive motion

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deadlines in the above-captioned case for 30 days. The parties request this extension

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to complete party depositions, specifically the deposition of Chase, whose designated

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witness underwent significant surgery in December and requires until at least the

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end of January or beginning of February 2018 to recuperate, and responses to

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written discovery. The parties have conferred and agree that this brief extension is

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the most reasonable way to complete discovery in this case, so that Chase’s

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[phone] FAX [phone]

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

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LAS VEGAS, NEVADA 89135

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

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BALLARD SPAHR LLP

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

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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designated witness has sufficient time to attend to necessary medical treatment.

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This is the parties’ second request for an extension to the scheduling order

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deadlines, which were submitted in compliance with LR 26-1. The parties make this

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request in good faith and not for purposes of delay.

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I.

Discovery Completed to Date

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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 Seven Hills;

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interrogatories to Seven Hills; notice of Rule 30(b)(6) deposition of Seven Hills;

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subpoena to produce documents on non-party Alessi & Koenig, LLC; and subpoena to

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testify at a deposition on non-party Alessi & Koenig, LLC.

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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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and notice of Rule 30(b)(6) deposition of Chase. SFR has also responded to Chase’s

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requests for production and interrogatories to SFR.

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B.

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Specific Description of Discovery that Remains to be Completed
SFR has noticed a Rule 30(b)(6) deposition of Chase.
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As discussed below,

Case 2:17-cv-00004-GMN-CWH Document 47 Filed 01/10/18 Page 3 of 5

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however, the parties seek to reschedule Chase’s deposition to occur only days before

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the current discovery cutoff of February 19, 2018, which would leave the parties very

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little time to obtain the deposition transcript prior to the dispositive motion deadline

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and would not provide Chase sufficient time to review and correct the deposition

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transcript prior to the dispositive motion deadline. 1

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depositions of SFR, Seven Hills, and non-party Alessi & Koenig, LLC.

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currently preparing its responses and objections to SFR’s requests for admission to

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Chase, requests for production to Chase, and interrogatories to Chase. Additionally,

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Seven Hills is in the process of providing its written responses to Chase’s written
Good Cause Exists for the Requested Extension

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

C.

Chase is

discovery requests.

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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Chase has also noticed

SFR had noticed Chase’s deposition for December 1, 2017, but Chase’s Rule

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30(b)(6) designee was unavailable on this date because the designee was preparing to

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undergo significant surgery in December, which she underwent and from which she

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will need to recuperate until at least the end of January or beginning of February

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2018. The parties have met and conferred about rescheduling Chase’s deposition in

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this lawsuit to take place during the week of February 12-16, 2018, when the Chase

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designee should be recuperated from surgery and able to travel to Las Vegas. This is

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the parties’ second request to extend the discovery period in this case, and they seek

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the extension so that Chase’s designated witness may have an opportunity to receive

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necessary medical treatment and recover from the same. The requested extension

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will also provide additional time for Seven Hills to provide its responses to Chase’s

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written discovery. The parties have diligently engaged in discovery to date and seek

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this extension in good faith.

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///

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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 47 Filed 01/10/18 Page 4 of 5

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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

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

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Event

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March 21, 2018

March 20, 2018

April 20, 2018 3

Pre-Trial Order

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February 19, 2018

Dispositive Motions

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New Deadline

Close of Discovery

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Current Deadline 2

April 23, 2018

May 23, 2018

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[continued on next page]

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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See Scheduling Order, ECF No. 45.

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April 20, 2018 is 30 days after March 21, 2018, the proposed discovery close date.

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Case 2:17-cv-00004-GMN-CWH Document 47 Filed 01/10/18 Page 5 of 5

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

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Dated: January 10, 2018

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BALLARD SPAHR LLP

KIM GILBERT EBRON

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By: /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
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: /s/ Diana Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89139

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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

Attorneys for Plaintiff/CounterDefendant JPMorgan Chase Bank, N.A.
BOYACK ORME & ANTHONY
By: /s/ Patrick Orme
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Patrick Orme, Esq.
Nevada Bar No. 7853
7432 West Sahara Avenue, Ste 101
Las Vegas, Nevada 89117

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

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January 11, 2018

DATED:

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DMWEST #17361993 v2