Prof-2013-S3 Legal Title Trust IV v. Reo Investment Advisors V LLC, et al

Filing 40

ORDER granting 39 Stipulation; Discovery due by 2/28/2018. Motions due by 3/30/2018. Signed by Magistrate Judge Carl W. Hoffman on 1/25/2018. (Copies have been distributed pursuant to the NEF - JM)

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Krista J. Nielson, Esq.
Nevada Bar No. 10698
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
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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UNITED STATES DISTRICT COURT
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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Case No.: 2:17-cv-00277-JCM-CWH
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

Plaintiff,
[THIRD REQUEST]
vs.

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REO INVESTMENT ADVISORS V, LLC,
RICHARD BARON, MANAGER; EL
DORADO NEIGHBORHOOD SECOND
HOMEOWNERS ASSOCIATION,

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Defendants.
REO INVESTMENT ADVISORS V, LLC,

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Counterclaimant,

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

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Plaintiff/Counter-Defendant, PROF-2013-S3 Legal Title Trust IV, by U.S. Bank National

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Association, as Legal Title Trustee (hereinafter “PROF”), Defendant/Counterclaimant, REO
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Investment Advisors V, LLC (hereinafter “REO”), and Defendant, El Dorado Neighborhood

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Second Homeowners Association (“HOA”) (collectively, the “Parties”), by and through their

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respective counsels of record, hereby submit the following Stipulation and Order to extend the

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discovery deadlines for thirty (30) days.

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A. DISCOVERY COMPLETED TO DATE:

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PROF served its Initial Disclosure of Witnesses and Documents on May 17, 2017, disclosed

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its expert witness on August 15, 2017, and served its Supplemental Disclosures on November 14,

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2017. HOA served its Initial Disclosure of Witnesses and Documents on November 17, 2017. PROF

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also propounded written discovery on REO and HOA, and served a deposition subpoena duces tecum

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to Terra West Collections Group, LLC d/b/a Assessment Management Services (“HOA Trustee”).

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PROF completed the deposition of HOA Trustee on November 8, 2017, and it later deposed the

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HOA on November 27, 2017.

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B. DISCOVERY ANTICIPATED TO BE COMPLETED IN THE FUTURE:

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PROF and REO are working to reschedule the deposition of REO’s corporate designee after

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the designee’s depositions previously scheduled for October 23, 2017, November 21, 2017, and

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January 18, 2018, did not go forward. PROF also expects to disclose additional documents pursuant

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to the stipulated protective order granted on November 21, 2017.

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C. REASONS WHY DISCOVERY SHOULD BE EXTENDED:

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Regarding the requested extension of discovery, good cause exists to extend the

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discovery deadline 30 days. Good cause to extend the discovery cutoff exists "if it cannot

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reasonably be met despite the diligence of the party seeking the extension." See Johnson v.

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Mammoth Recreations, Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). Here, PROF noticed the

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deposition of REO within the discovery period, however, REO’s corporate designee, at the last

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minute on three occasions, notified PROF’s counsel they would not be able to attend the

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scheduled deposition. Further, PROF expects to disclose additional documents prior to the end

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of the discovery period. PROF’s failure to seek an extension sooner is also the result of

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excusable neglect as PROF timely noticed the deposition of REO but REO did not appear at two

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scheduled depositions, requiring rescheduling.
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D. PROPOSED DISCOVERY EXTENSION:

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1. The current discovery deadlines

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Deadline to complete discovery:

January 29, 2018

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Motion to amend pleadings or add parties:

August 1, 2017

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Initial Expert Disclosures:

August 31, 2017

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Rebuttal Expert Disclosures:

September 29, 2017

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Dispositive Motion Deadline:

February 28, 2018

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2. Proposed extended discovery deadlines:
Deadline to complete discovery:

February 28, 2017

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Motion to amend pleadings or add parties:

August 1, 2017 (unchanged)

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Initial Expert Disclosures:

August 31, 2017 (unchanged)

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Rebuttal Expert Disclosures:

September 29, 2017 (unchanged)

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Dispositive Motion Deadline:

March 30, 2018

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This is the third stipulation for an extension of discovery. The extension is requested in
good faith and is not for purposes of delay or prejudice to any other party.
IT IS SO STIPULATED.

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DATED this 24th day of January, 2018.

DATED this 24th day of January, 2018.

WRIGHT, FINLAY & ZAK, LLP

LEACH JOHNSON SONG &
GRUCHOW
/s/ Ryan D. Hastings
Sean L. Anderson, Esq.
Nevada Bar No. 7259
Ryan D. Hastings, Esq.
Nevada Bar No. 12394
8945 West Russell Road, Suite 330
Las Vegas, Nevada 89148
Attorneys for Defendant, Eldorado
Neighborhood Homeowners’ Association

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/s/ Krista J. Nielson
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Krista J. Nielson, Esq.
Nevada Bar No. 10698
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
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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DATED this 24th day of January, 2018.

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HONG & HONG

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/s/ Joseph Y. Hong
Joseph Y. Hong, Esq.
Nevada Bar No. 05995
10781 West Twain Avenue
Las Vegas, NV 89135
Attorneys for Defendant/Counterclaimant,
REO Investment Advisors V, LLC

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IT IS SO ORDERED.

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January ____________, 201___.
DATED this ____ day of25, 2018

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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