Bayview Loan Servicing, LLC et al v. Washington & Sandhill Homeowners Association et al

Filing 46

ORDER Granting 45 Stipulation re Discovery Deadlines. Discovery due by 5/14/2018. Motions due by 6/13/2018. Proposed Joint Pretrial Order due by 7/13/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/13/2018. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7
8

MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs Bayview Loan
Servicing, LLC and Federal Home Loan
Mortgage Corporation

9

IN THE UNITED STATES DISTRICT COURT

10

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

11
12

DISTRICT OF NEVADA

13
14
15
16
17
18

Case No.: 2:17-cv-00026-GMN-CWH

BAYVIEW LOAN SERVICING, LLC; and
FEDERAL HOME LOAN MORTGAGE
CORPORATION,

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
(FIRST REQUEST)

Plaintiff,
vs.
WASHINGTON & SANDHILL
HOMEOWNERS ASSOCIATION; ABSOLUTE
COLLECTION SERVICES, LLC; SILVER
STREAM ADVISORS, LLC; and NEW
DIRECTION IRA, INC. FBO MARIJO TINLIN,
IRA,
Defendants.

19
20

Pursuant to LR IA 6-1 and LR 26-4, Bayview Loan Servicing, LLC (Bayview) and Federal

21

Home Loan Mortgage Corporation (Fannie Mae), Washington & Sandhill Homeowners Association

22

(Washington), Absolute Collection Services, LLC (ACS), and Silver Stream Advisors, LLC (Silver

23

Stream) by and through their undersigned counsel of record, hereby submit the following

24

Stipulation and [Proposed] Order to Extend Discovery Deadlines. This is the first stipulation for

25

extension of the subject discovery deadlines submitted by the parties.

26
27

A. Discovery Completed.
The following discovery has been completed thus far:

28
1
44078535;1

1
2

1. Initial Disclosures: On September 14, 2017, Plaintiffs served their initial disclosures. On
December 7, 2017 Washington served its initial disclosures.

3

2.

Expert Disclosures: The deadline for expert disclosures has not yet passed.

4

3.

Written Discovery: On January 23, 2018, BANA served respective requests for

5

admission, interrogatories, and requests for production of documents on Silver Stream, ACS and

6

Washington.

7

4.

8

Depositions: No depositions have taken place.

B. Discovery Remaining.

9

The parties anticipate engaging in additional discovery, including but not limited to:

10

1.

Depositions: On January 24, 2018, BANA served an amended notices to take the

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

11

deposition of the FRCP 30(b)(6) representative of Washington on March 20, 2018. The parties

12

anticipate taking the depositions of Silver Stream and ACS's Fed R. Civ. P. 30(b)(6) witnesses.

13

2.

Washington’s Discovery:

Washington anticipates it will disclose its expert

14

designations, take depositions of Plaintiffs, and serve its written discovery requests on Plaintiffs, in

15

the event the parties are unable to settle this matter within the next 30 days.

16

C. Reasons Why Discovery Not Completed.

17

The parties are working diligently to settle this matter and request additional time for

18

settlement discussions without expending the time and expenses in conducting discovery. The

19

parties submit this stipulation in good faith, without the purpose of undue delay, and respectively

20

request that the Court extend the pending discovery deadlines by thirty (30) days pursuant the

21

proposed schedule listed below.

22

D. Proposed Schedule.

23

1.

Discovery Cut-Off: May 14, 2018.

24

2.

Disclosure of Expert: March 14, 2018

25

3.

Rebuttal Expert: April 13, 2018

26

4.

Interim Status Report: March 14, 2018

27

5.

Dispositive Motions: June 13, 2018

28

///
2
44078535;1

1

6.

Pre-Trial Order: July 13, 2018

2
3

DATED this 12th day of February, 2018

DATED this 12th day of February, 2018

4

AKERMAN LLP

GORDON REES SCULLY MANSUKHANI, LLP

/s/ Vatana Lay
MELANIE MORGAN, ESQ.
Nevada Bar No. 8215
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Wing Yan Wong
WING YAN WONG, ESQ.
Nevada Bar No. 13622
300 S. Fourth Street, Ste. 1550
Las Vegas, Nevada 89101

5
6
7
8
9
10

Attorney for Washington & Sandhill HOA

Attorneys for Plaintiffs

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

11
12

DATED this 12th day of February, 2018

DATED this 12th day of February, 2018

13

ABSOLUTE COLLECTION SERVICES, LLC

ALDRICH LAW FIRM, LTD.

14
15
16
17
18

/s/ Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128

/s/ John P. Aldrich
JOHN P. ALDRICH
Nevada Bar No. 6877
CATHERINE HERNANDEZ, ESQ.
Nevada Bar No. 8410
300 S. Fourth Street, Ste. 1550
Attorneys for Absolute Collection Services, LLC Las Vegas, Nevada 89101

19

Attorney for Silver Stream Advisors, LLC

20
21
22
23

ORDER
IT IS SO ORDERED:

February 13, 2018

24
25

DATED:

26

U.S. DISTRICT JUDGE

27
28
3
44078535;1