MRT Assets, LLC et al v. Nationstar Mortgage, LLC et al

Filing 20

ORDER Granting 19 Stipulation for Extension of Time to Take the Depositions (First Request). Signed by Magistrate Judge Carl W. Hoffman on 8/16/17. (Copies have been distributed pursuant to the NEF - MR)

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Case 2:17-cv-00070-JCM-CWH Document 19 Filed 08/15/17 Page 1 of 4 1 2 3 4 Scott E. Gizer, State Bar Number 12216 sgizer@earlysullivan.com EARLY SULLIVAN WRIGHT GIZER & McRAE LLP 601 South Seventh Street, 2nd Floor Las Vegas, NV 89101 Telephone: (702) 331-7593 Facsimile: (702) 331-1652 5 6 Attorneys for Summer Allgood and Guild Mortgage Company 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 11 MRT ASSETS, LLC, a Nevada limited liability company, 12 13 14 15 16 Plaintiffs, vs. NATIONSTAR MORTGAGE, LLC a form and type of entity unknown, SUMMER ALLGOOD; GUILD MORTGAGE COMPANY, a California Corporation; DOES I through X, inclusive Case No.: 2: 17-cv-00070-JCM-CWH STIPULATION AND [PROPOSED] ORDER TO EXTEND THE DEADLINE FOR SUMMER ALLGOOD AND GUILD MORTGAGE COMPANY TO TAKE THE DEPOSITIONS OF NATIONSTAR MORTGAGE, LLC, AND FEDERAL HOME LOAN MORTGAGE CORPORATION PER FED. R. CIV. P. 30(B)(6) 17 18 19 20 SUMMER ALLGOOD, an individual; and GUILD MORTGAGE COMPANY, a California Corporation, 21 22 23 24 25 Counterclaimants, vs. MRT ASSETS, LLC, a Nevada limited liability company, Counterdefendant. 26 27 28 SUMMER ALLGOOD, an individual; and 1 186240.1 Case 2:17-cv-00070-JCM-CWH Document 19 Filed 08/15/17 Page 2 of 4 1 GUILD MORTGAGE COMPANY, a California Corporation, 2 Crossclaimant, 3 vs. 4 NATIONSTAR MORTGAGE, LLC, 5 Crossdefendant. 6 7 8 9 10 11 12 13 14 SUMMER ALLGOOD, an individual; and GUILD MORTGAGE COMPANY, a California Corporation, Third-Party Plaintiff, vs. FEDERAL HOME LOAN MORTGAGE CORPORATION, a federally chartered corporation, Third-Party Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 Comes now Defendants/Counterclaimants/Crossclaimant/Third-Party Plaintiff, Summer Allgood (“Allgood”) and Guild Mortgage Company (“Guild”) (“Allgood” and “Guild” collectively referred to as “Defendants”), and Nationstar Mortgage, LLC (“Nationstar”) and Federal Home Loan Mortgage Corporation (“Freddie Mac”) by and through the undersigned counsel, who stipulate and agree as follows, subject to the approval of the Court, as follows: WHEREAS the Defendants noticed the depositions Nationstar and Freddie Mac for August 18, 2017 and then August 11, 2017 due to calendar conflicts. WHEREAS the Defendants have re-noticed the depositions Nationstar and Freddie Mac for August 21, 2017 which remain on calendar. However, counsel for Nationstar and Freddie Mac have represented they are not available on August 21, 2017; 27 28 2 186240.1 Case 2:17-cv-00070-JCM-CWH Document 19 Filed 08/15/17 Page 3 of 4 1 WHEREAS counsel for Nationstar and Freddie Mac has indicated that it will be unlikely 2 that Nationstar and Freddie Mac will be able to sit for deposition during the month of August 2017 3 due to already scheduled depositions and trials; 4 WHEREAS the discovery deadline for this matter is set for August 22, 2017. 5 WHEREAS Nationstar and Freddie Mac filed a motion to stay discovery [ECF No. 13], 6 which Defendants joined [ECF No. 14]; 7 WHEREAS Nationstar and Freddie Mac requested Defendants re-notice the depositions for 8 a mutually agreeable date due to unavailability during the month of August, as well as the pending 9 motion to stay discovery; 10 WHEREAS Nationstar and Freddie Mac agreed that Defendants, in order to accommodate 11 the schedules of the Nationstar and Freddie Mac and their counsel, may take the depositions of 12 Nationstar and Freddie Mac on a date beyond the discovery deadline provided that the court denies 13 the pending motion to stay discovery. If the Court grants the motion to stay discovery, Nationstar 14 and Freddie Mac agree that Defendants may take the depositions of Nationstar and Freddie Mac 15 on a mutually agreeable date when and if the stay is lifted; 16 WHEREAS by executing this stipulation, Nationstar and Freddie Mac do not concede the 17 appropriateness or necessity of the deposition and this stipulation does not preclude Nationstar and 18 Freddie Mac from seeking a protective order regarding the deposition, topics, location, or date; 19 //// 20 //// 21 //// 22 //// 23 //// 24 //// 25 //// 26 //// 27 //// 28 //// 3 186240.1 Case 2:17-cv-00070-JCM-CWH Document 19 Filed 08/15/17 Page 4 of 4 1 NOW THEREFORE, subject to the approval of the Court, Defendants Allgood and Guild 2 may take the depositions of Nationstar and Freddie Mac beyond the discovery deadline in this 3 matter, on a mutually agreeable date, time and location. 4 5 Dated: August 15, 2017 6 EARLY SULLIVAN WRIGHT GIZER & McRAE LLP By:/s/ Scott E. Gizer Scott E. Gizer Attorneys for Summer Allgood and Guild Mortgage Company 7 8 9 10 11 12 13 Dated: August 15, 2017 AKERMAN LLP By: /s/ Tenesa Scaturro Tenesa Scaturro, Esq. Attorneys for Nationstar Mortgage, LLC and Federal Home Loan Mortgage Corporation 14 15 IT IS SO ORDERED: 16 _____________________________________ UNITED STATES DISTRICT JUDGE MAGISTRATE JUDGE 17 18 August 16, 2017 DATED: _____________________________ 19 20 21 22 23 24 25 26 27 28 4 186240.1

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