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

Filing 53

ORDER Granting 51 Stipulation to Extend (Second Request) Scheduling Order. Discovery due by 3/5/2018. Motions due by 4/5/2018. Proposed Joint Pretrial Order due by 5/2/2018. Signed by Magistrate Judge Peggy A. Leen on 12/18/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00324-GMN-PAL Document 51 Filed 12/11/17 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 #17301411 v1

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

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
DEADLINES BY 60 DAYS
(Second Request)

Case 2:17-cv-00324-GMN-PAL Document 51 Filed 12/11/17 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 60 days, to permit the parties to complete party depositions, and

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specifically the deposition of Chase, whose designated witness must undergo

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significant surgery in December, from which she will not have recuperated until at

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least the end of January or beginning of February 2018. The parties have conferred

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and agree that this brief extension is the most reasonable way to complete discovery

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in this case, including so that Chase’s designated witness has sufficient time to

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attend to necessary medical treatment.

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This is the parties’ second 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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Case 2:17-cv-00324-GMN-PAL Document 51 Filed 12/11/17 Page 3 of 5

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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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and notice of Rule 30(b)(6) deposition of Chase. SFR has also responded to Chase’s

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requests for production and interrogatories to SFR.

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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
SFR has noticed a Rule 30(b)(6) deposition of Chase.

As discussed below,

[phone] FAX [phone]

discovery cutoff of January 4, 2018. 1 Chase has also noticed depositions of SFR,

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

however, the parties seek to reschedule Chase’s deposition to occur after the current

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100 NORTH CITY PARKWAY, SUITE 1750

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Willows, and non-party Absolute Collection Services, LLC.

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preparing its responses/objections to SFR’s requests for admission to Chase, requests

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for production to Chase, and interrogatories to Chase.

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preparing its responses/objections to Willows’s requests for admission to Chase,

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requests for production to Chase, and interrogatories to Chase. Willows is currently

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preparing its responses/objections to Chase’s requests for production to Willows and

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interrogatories to Willows.

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C.

Chase is currently

Chase is also currently

Good Cause Exists for the Requested Extension

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SFR has noticed Chase’s deposition for December 12, 2017, but Chase’s Rule

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30(b)(6) designee is unavailable on this date because the designee will be undergoing

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significant surgery in December, from which she will need to recuperate until at least

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the end of January or beginning of February 2018.

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conferred about rescheduling Chase’s deposition in this lawsuit to take place during

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the week of February 12-16, 2018, when the Chase designee should be recuperated

The parties have met and

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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 51 Filed 12/11/17 Page 4 of 5

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from surgery and able to travel to Las Vegas. This is the parties’ second request to

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extend the standard, 180-day discovery period in this case, and they seek the

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extension so that Chase’s designated witness may have an opportunity to receive

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necessary medical treatment and recover from the same. The parties have diligently

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engaged in discovery to date and seek this extension in good faith.

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D.

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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 60 days.

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Event

[phone] FAX [phone]

LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

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January 4, 2018

March 5, 2018

February 5, 2018

April 5, 2018

Pre-Trial Order

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New Deadline

Dispositive Motions

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Current Deadline 2

Close of Discovery

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100 NORTH CITY PARKWAY, SUITE 1750

Proposed Discovery Deadlines

March 2, 2018

May 2, 2018

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[continued on next page]

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See Scheduling Order, ECF No. 50.
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Case 2:17-cv-00324-GMN-PAL Document 51 Filed 12/11/17 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: December 11, 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:

December 18, 2017

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DMWEST #17301411 v1