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

Filing 50

ORDER Granting 49 Stipulation to Extend Scheduling Order Deadlines (First Request). Discovery due by 1/4/2018. Motions due by 2/5/2018. Proposed Joint Pretrial Order due by 3/2/2018. Signed by Magistrate Judge Peggy A. Leen on 11/28/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00324-GMN-PAL Document 49 Filed 11/13/17 Page 1 of 5

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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
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for JPMorgan Chase Bank, N.A.

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
JPMORGAN CHASE BANK, N.A., a
national banking association,

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Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; THE
WILLOWS HOMEOWNERS’
ASSOCIATION, a Nevada non-profit
corporation; DANIEL A. RICHARD, an
individual,

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Defendants.

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DMWEST #17234242 v1

Case No. 2:17-CV-00324-GMN-PAL

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

Case 2:17-cv-00324-GMN-PAL Document 49 Filed 11/13/17 Page 2 of 5

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counterclaimant/Cross-Claimant,
vs.
JPMORGAN CHASE BANK, N.A.;
DANIEL A. RICHARD, an individual,
Counter-Defendant/Cross-Defendants.

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(“Willows”), by and through their respective counsel of record, stipulate and request

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[phone] FAX [phone]

Investments Pool 1, LLC (“SFR”), and The Willows Homeowners Association

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LAS VEGAS, NEVADA 89106

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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100 NORTH CITY PARKWAY, SUITE 1750

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that this Court extend discovery and dispositive motion deadlines in the above-

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captioned case for 30 days, to permit the parties to efficiently complete party

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depositions and outstanding written discovery. The parties have conferred and agree

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that this brief extension is the most reasonable, most economical, and least

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burdensome way to complete discovery in this case.

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This is the parties’ first 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 Willows; interrogatories to

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Willows; notice of Rule 30(b)(6) deposition of Willows; subpoena to produce

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documents on non-party Absolute Collection Services, LLC; and subpoena to testify

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at a deposition on non-party Absolute Collection Services, 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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Case 2:17-cv-00324-GMN-PAL Document 49 Filed 11/13/17 Page 3 of 5

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and notice of Rule 30(b)(6) deposition of Chase.

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To date Willows has served the following discovery: requests for production to

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Chase; interrogatories to Chase; and requests for admission to Chase.

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B.

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Specific Description of Discovery that Remains to be Completed
The parties are awaiting responses to the served discovery requests.

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noticed a Rule 30(b)(6) of Chase. As discussed below, however, the parties seek to

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schedule Chase’s deposition to occur after the current discovery cutoff of December 4,

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2017. 1

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[phone] FAX [phone]

2017, and of Absolute Collection Services, LLC for November 22, 2017. SFR has also

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LAS VEGAS, NEVADA 89106

scheduled the deposition of SFR for December 4, 2017, of Willows for December 4,

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BALLARD SPAHR LLP

addition, they are working to schedule party and non-party depositions. Chase has

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100 NORTH CITY PARKWAY, SUITE 1750

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C.

Good Cause Exists for the Requested Extension

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Good cause exists for the requested extension, as it will provide time for the

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parties to complete written discovery and schedule depositions in a way that

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minimizes burden and increases efficiency.

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discovery requests on Chase. While Chase requires additional time to respond to

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SFR’s discovery, Chase’s current response deadline December 4, 2017—i.e., the last

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day of the discovery period.

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extension for its responses, but it cannot do so unless discovery is extended.

SFR has served voluminous written

SFR is willing to provide Chase with a two-week

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Additionally, SFR has noticed Chase’s deposition for November 29, 2017, but

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Chase’s Rule 30(b)(6) designee is unavailable on this date because the designee will

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be testifying in five other depositions in similar lawsuits involving Chase and SFR,

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on not only November 29 but also on November 28 and 30. The parties have met and

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conferred about rescheduling the deposition in this lawsuit to take place during

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December 12-14, 2017, when the Chase designee will be available and in Las Vegas.

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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-00324-GMN-PAL Document 49 Filed 11/13/17 Page 4 of 5

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This approach will significantly minimize the cost and burden to the witness.

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Moreover, scheduling the Chase deposition during this time period will also allow

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SFR to obtain Chase’s written discovery responses before deposing Chase, a logical

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process that will enable SFR to conduct an efficient, productive, and targeted

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deposition. SFR anticipates that it will be able to significantly limit the scope of the

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deposition based on the responses to its written discovery.

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Finally, this is the parties’ first request to extend the standard, 180-day

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discovery period in this case, and they seek only a brief 30-day extension.

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parties have diligently engaged in discovery to date and seek this extension in good
D.

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

faith.

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100 NORTH CITY PARKWAY, SUITE 1750

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The

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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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January 4, 2018

January 3, 2018

February 5, 2018

Pre-Trial Order

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December 4, 2017

Dispositive Motions

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New Deadline

Close of Discovery

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Current Deadline 2

February 2, 2018

March 2, 2018

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[continued on next page]

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See Scheduling Order, ECF No. 30.
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Case 2:17-cv-00324-GMN-PAL Document 49 Filed 11/13/17 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: November 13, 2017

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BALLARD SPAHR LLP

KIM GILBERT EBRON

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By: /s/ Maria A. Gall
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
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106

By: /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. 9578
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89139

Attorneys for Plaintiff/CounterDefendant JPMorgan Chase Bank, N.A.

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

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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LEACH JOHNSON SONG & GRUCHOW

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By: /s/ T. Chase Pittsenbarger
Sean L. Anderson, Esq.
Nevada Bar No. 7259
T. Chase Pittsenbarger, Esq.
Nevada Bar. No. 13740
8945 W. Russell Road, Suite 330
Las Vegas, Nevada 89148

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Attorneys for Defendant The Willows’
Homeowners 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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DATED:

November 28, 2017

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