PROF-2013-S3 Legal Title Trust IV v. SFR Investments Pool 1, LLC et al

Filing 59

ORDER Granting 58 First Stipulation to Extend Discovery. Discovery due by 6/11/2018. Motions due by 7/11/2018. No further extensions will be granted. Signed by Magistrate Judge Nancy J. Koppe on 4/10/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00119-APG-NJK Document 58 Filed 04/09/18 Page 1 of 6

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WRIGHT, FINLAY & ZAK, LLP
Dana J. Nitz, Esq.
Nevada Bar No. 0050
Corrine P. Murphy, Esq.
Nevada Bar No. 10410
7785 West Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff/Counter/Cross-Defendant, PROF-2016-S3 Legal Title Trust IV, by U.S.
Bank National Association, as Legal title Trustee
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PROF-2013-S3 LEGAL TITLE TRUST IV, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE,

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Plaintiff,

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SFR INVESTMENTS POOL I, LLC, a Nevada
Limited Liability Company; LA MANCHA
HOMEOWNERS ASSOCIATION, INC.;
ALESSI & KOENIG, LLC,
Defendants.
SFR INVESTMENTS POOL I, LLC, a Nevada
Limited Liability Company,
Counter/Cross-Claimant

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STIPULATION AND ORDER TO
EXTEND DISCOVERY
(FIRST REQUEST)

vs.

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Case No.: 2:17-cv-00119-APG-NJK

vs.
PROF-2013-S3 LEGAL TITLE TRUST IV, BY
U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE; and SUZANNE C.
ESREY, an individual,
Counter/Cross-Defendants.

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Case 2:17-cv-00119-APG-NJK Document 58 Filed 04/09/18 Page 2 of 6

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Plaintiff/Counter/Cross-Defendant, PROF-2016-S3 LEGAL TITLE TRUST IV, BY

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U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE (“U.S. Bank”), by

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and through its attorneys of record of the law firm of Wright, Finlay & Zak, LLP,

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Defendant/Counter/Cross-Claimant, SFR INVESTMENTS POOL 1, LLC (“SFR”) by and
through its attorneys of record Kim Gilbert Ebron, and Defendant LA MANCHA

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HOMEOWNERS ASSOCIATION, INC. (“La Mancha”), by and through its attorneys of record

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Boyack Orme & Anthony, (collectively “Parties”) hereby stipulate and agree to extend

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discovery follows:

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A. DISCOVERY COMPLETED TO DATE:

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1.

On November 2, 2017, the Court filed a Scheduling Order [ECF No. 38] setting

forth the following discovery deadlines:

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Close of Discovery:

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Motion to Amend Deadline: January 30, 2018

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Initial Expert Disclosure:

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Dispositive Motion Deadline: May 30, 2018

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March 1, 2018

Rebuttal Expert Disclosure: April 2, 2018

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April 30, 2018

2.

La Mancha served its FRCP 26(f) Conference List of Witnesses and Documents

on December 1, 2017.
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U.S. Bank served its FRCP 26(f) Conference List of Witnesses and Documents

on February 5, 2018.
4.

SFR served its Notice Of Rule 30(B)(6) Deposition Of U.S. Bank National

Association, on February 5, 2018, setting the deposition for April 16, 2018.

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U.S. Bank served its Initial Disclosure of Expert Witness on February 23, 2018.

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Case 2:17-cv-00119-APG-NJK Document 58 Filed 04/09/18 Page 3 of 6

6.

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Alessi & Koenig, LLC, on March 1, 2018.

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7.

April 20, 2018.
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U.S. Bank served its Notice Of Taking Deposition Of F.R.C.P 30(B)(6) Witness

For SFR Investments on March 1, 2018, setting the deposition for April 20, 2018.

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9.

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SFR served its First Request for Admissions to U.S. Bank on March 12, 2018.

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SFR served its First Set of Interrogatories to U.S. Bank on March 12, 2018.

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U.S. Bank served its Notice of Taking Deposition of F.R.C.P 30(B)(6) Witness

For La Mancha Homeowners Association, Inc., on March 1, 2018, setting the deposition for

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U.S. Bank served its Subpoena to Produce Documents, Information, or Objects to

SFR served its First Request for Production of Documents to U.S. Bank on

March 12, 2018.

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12.

U.S. Bank served its First Set of Interrogatories to SFR on March 26, 2018.

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13.

U.S. Bank served its First Set of Requests for Production of Documents to SFR

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on March 26, 2018.

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14.

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U.S. Bank served its First Set of Interrogatories to La Mancha on March 26,

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U.S. Bank served its First Set of Requests for Production of Documents to La

2018.

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U.S. Bank served its First Set of Requests for Admissions to SFR on March 26,

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2018.

Mancha on March 26, 2018.
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U.S. Bank served its First Set of Requests for Admissions to La Mancha on

March 26, 2018.
B. DISCOVERY ANTICIPATED TO BE COMPLETED IN THE FUTURE:
1. Depositions of Fact and Percipient Witnesses.

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Case 2:17-cv-00119-APG-NJK Document 58 Filed 04/09/18 Page 4 of 6

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2. U.S. Bank to respond to remaining outstanding written discovery from SFR.

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3. SFR to respond to remaining outstanding written discovery from U.S. Bank.

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4. La Mancha to response to remaining outstanding discovery from U.S. Bank.

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5. SFR to serve its FRCP 26(f) Conference List of Witnesses and Documents.
6. Additional production of documents and witness list from all Parties.
C. REASONS WHY DISCOVERY SHOULD BE EXTENDED:

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The Parties are actively conducting discovery in this matter. Although La Mancha’s

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30(b)(6) deposition was set on March 1, 2018, for April 20, 2018, La Mancha’s counsel recently

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learned they do not have deposition availability any time before mid-May, which is after the

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currently scheduled close of discovery. Further, there are outstanding written discovery

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requests, which likely the Parties will require an extension on in order to answer. An extension

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of the current discovery deadlines is necessary to allow all Parties to participate in and complete

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discovery, including set a key party’s deposition and respond meaningfully to written discovery.

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The Parties are requesting a 60 day extension to allow sufficient time to re-schedule and
conduct depositions and complete other outstanding discovery that may become necessary, as
well as explore settlement.
D. PROPOSED DISCOVERY EXTENSION:
1. The current discovery deadlines
Close of Discovery:

April 30, 2018

Motion to Amend Deadline:

January 30, 2018

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Initial Expert Disclosure:

March 1, 2018

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Rebuttal Expert Disclosure:

April 2, 2018

Dispositive Motion Deadline:

May 30, 2018

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Case 2:17-cv-00119-APG-NJK Document 58 Filed 04/09/18 Page 5 of 6

2. Proposed extended discovery deadlines:

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Deadline to complete discovery:

Monday, June 11, 20181

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Motion to Amend Deadline:

January 30, 2018 (unchanged)

Initial Expert Disclosure:

March 1, 2018 (unchanged)

Rebuttal Expert Disclosure:

April 2, 2018 (unchanged)

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Dispositive Motion Deadline

Wednesday, July 11, 2018

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This Request is made in good faith and is made 21 days prior to the close of discovery.

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IT IS SO STIPULATED.

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DATED this 9th day of April, 2018.

DATED this 9th day of April, 2018.

KIM GILBERT EBRON

WRIGHT, FINLAY & ZAK, LLC

/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 009578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for Defendant/Counter/CrossClaimant SFR Investments Pool 1, LLC

/s/ Corrine P. Murphy
Dana J. Nitz, Esq.
Nevada Bar No. 0050
Corrine P. Murphy, Esq.
Nevada Bar No. 10410
7785 West Sahara Avenue, Suite 200
Las Vegas, NV 89117
Attorney for Plaintiff/Counter/CrossDefendant, PROF-2016-S3 Legal Title Trust
IV, by U.S. Bank National Association, as
Legal title Trustee

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DATED this 9th day of April, 2018.
BOYACK ORME & ANTHONY
/s/ Adam Breeden
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Adam Breeden, Esq.
Nevada Bar No. 8786
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117-2769
Attorneys for Defendant La Mancha
Homeowners Association, Inc.

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Actual date: Sunday June 10, 2018

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Case 2:17-cv-00119-APG-NJK Document 58 Filed 04/09/18 Page 6 of 6

U.S. Bank v. SFR Investments; La Mancha HOA
Case No. 2:17-cv-00119-APG-NJK

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NO FURTHER EXTENSIONS
WILL BE GRANTED.

ORDER

IT IS SO ORDERED.
Dated: April 10, 2018

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UNITED STATES MAGISTRATE JUDGE

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Respectfully Submitted by:

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WRIGHT, FINLAY & ZAK, LLC

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/s/ Corrine P. Murphy
Dana J. Nitz, Esq.
Nevada Bar No. 0050
Corrine P. Murphy, Esq.
Nevada Bar No. 10410
7785 West Sahara Avenue, Suite 200
Las Vegas, Nevada 89117-2789
Attorneys for Plaintiff/Counter-Defendant
PROF-2013-S3 Legal Title Trust IV, by
U.S. Bank National Association, as Legal
Title Trustee

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