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

Filing 43

ORDER Granting 42 Stipulation to Extend Scheduling Order Deadlines (First Request). Discovery due by 12/29/2017. Motions due by 1/29/2018. Proposed Joint Pretrial Order due by 3/1/2018. Signed by Magistrate Judge Peggy A. Leen on 11/14/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00334-RFB-PAL Document 42 Filed 11/08/17 Page 1 of 6

1
2
3
4
5
6
7
8
9
10

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]

12
LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11
UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14

JPMORGAN CHASE BANK, N.A.,

15
16
17
18
19
20

Plaintiff,
vs.

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
SFR INVESTMENTS POOL 1, LLC, a DEADLINES BY 30 DAYS
Nevada limited liability company;
TRAIL
RIDGE
COMMUNITY (First Request)
ASSOCIATION, a Nevada non-profit
corporation; LIZZY HOLBROOK, an
individual.
Defendants.

21
22
23

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

24

Counterclaimant/Cross-Claimant,

25

vs.

26

JPMORGAN CHASE BANK, N.A.;
LIZZY HOLBROOK, an individual,

27
28

Case No. 2:17-CV-00334-RFB-PAL

Counter-Defendant/Cross-Defendant.

DMWEST #17171769 v1

Case 2:17-cv-00334-RFB-PAL Document 42 Filed 11/08/17 Page 2 of 6

1

Pursuant to LR IA 6-1 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan

2

Chase Bank, N.A. (“Chase”), Defendant/Counterclaimant/Cross-Claimant SFR

3

Investments Pool 1, LLC (“SFR”), and Defendant Trail Ridge Community Association

4

(“Trail Ridge”),1 by and through their respective counsel of record, stipulate and

5

request that this Court extend discovery and dispositive motion deadlines in the

6

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

7

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

8

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

9

burdensome way to complete discovery in this case.

[phone] FAX [phone]

deadlines, which were submitted in compliance with LR 26-1. The parties make this

12
LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

This is the parties’ first request for an extension to the scheduling order

11
100 NORTH CITY PARKWAY, SUITE 1750

10

request in good faith and not for purposes of delay.

13

A.

Discovery Completed to Date

14

To date, Chase has served the following discovery: initial disclosures; initial

15

expert disclosure; requests for production to SFR; interrogatories to SFR; notice of

16

Rule 30(b)(6) deposition of SFR; requests for production to Trail Ridge;

17

interrogatories to Trail Ridge; notice of Rule 30(b)(6) deposition of Trail Ridge;

18

subpoena to produce documents on non-party Alessi & Koenig, LLC; and subpoena to

19

testify at a deposition on non-party Alessi & Koenig, LLC.

20

To date, SFR has served the following discovery: initial disclosures.

21

To date Trail Ridge has served the following discovery: initial disclosures.

22

B.

Specific Description of Discovery that Remains to be Completed

23

Chase is awaiting responses to the discovery requests it served, and SFR

24

anticipates that it will soon be serving discovery requests upon Chase. In addition,

25
26
27

Although Defendant/Cross-Defendant Lizzy Holbrook waived service of the
Summons and Complaint in this litigation (see ECF No. 7), Ms. Holbrook has not
otherwise appeared, and therefore, this stipulation and order is submitted without
her signature.

1

28
2
DMWEST #17171769 v1

Case 2:17-cv-00334-RFB-PAL Document 42 Filed 11/08/17 Page 3 of 6

1

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

2

the deposition of non-party Alessi & Koenig, LLC for November 27, 2017 and of

3

Defendant Trail Ridge for November 28, 2017 and of Defendant SFR for November

4

29, 2017. SFR has also noticed a Rule 30(b)(6) deposition of Chase. As discussed

5

below, however, the parties seek to schedule Chase’s deposition and to reschedule to

6

occur after the current discovery cutoff of November 29, 2017.2

7

C.

Good Cause Exists for the Requested Extension

November 29, 2017, but Chase’s Rule 30(b)(6) designee is unavailable on this date

12
[phone] FAX [phone]

minimizes burden and increases efficiency. SFR has noticed Chase’s deposition for

11

LAS VEGAS, NEVADA 89106

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

10

BALLARD SPAHR LLP

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

9

100 NORTH CITY PARKWAY, SUITE 1750

8

because the designee will be testifying in five other depositions in similar lawsuits

13

involving Chase and SFR, on not only November 29 but also on November 28 and 30.

14

The parties have met and conferred about rescheduling Chase’s deposition in this

15

lawsuit to take place during the week of December 11-15, 2017, when the Chase

16

designee will be available and again in Las Vegas. This approach will significantly

17

minimize the cost and burden to the witness. This is the parties’ first request to

18

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

19

30-day extension. The parties have diligently engaged in discovery to date and seek

20

this extension in good faith.

21

///

22

///

23

///

24

///

25

///

26
27

2 The parties further reserve their rights to meet and confer and, if necessary, engage
in motion practice regarding any discovery issues that may arise.

28
3
DMWEST #17171769 v1

Case 2:17-cv-00334-RFB-PAL Document 42 Filed 11/08/17 Page 4 of 6

1

D.

2
3

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.

4

Event

8

December 29, 2017

December 29, 2017

January 29, 2018

Pre-Trial Order

7

November 29, 2017

Dispositive Motions

6

New Deadline

Close of Discovery

5

Current Deadline3

January 29, 2018

March 1, 2018

9

[continued on next page]

10

[phone] FAX [phone]

12
LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

3

See Scheduling Order, ECF No. 24.

28
4
DMWEST #17171769 v1

Case 2:17-cv-00334-RFB-PAL Document 42 Filed 11/08/17 Page 5 of 6

1
2
3

This extension is reasonable and necessary given the good cause set forth
above.
IT IS SO STIPULATED.

4

Dated: November 8, 2017

5

BALLARD SPAHR LLP

KIM GILBERT EBRON

6

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

7
8
9
10

[phone] FAX [phone]

12
LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11

13
14

BOYACK ORME & ANTHONY

15

By: /s/ Christopher B. Anythong
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Adam J. Breeden, Esq.
Nevada Bar No. 8768
Christopher B. Anthony
Nevada Bar No. 9748
7432 W. Sahara Ave., Ste. 101
Las Vegas, Nevada 89117

16
17
18
19
20
21
22

Attorneys for Trail Ridge Community
Association

23

ORDER

24

IT IS SO ORDERED:

25
26

UNITED STATES MAGISTRATE JUDGE

27
DATED:

28

5
DMWEST #17171769 v1

November 14, 2017

Case 2:17-cv-00334-RFB-PAL Document 42 Filed 11/08/17 Page 6 of 6

1

CERTIFICATE OF SERVICE

2

I hereby certify that on November 8, 2017, a true copy of the foregoing

3

STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

4

BY 30 DAYS was served via U.S. Mail, postage-pre-paid on the following:

5
6

Lizzy Holbrook
9220 Red Knoll
Las Vegas, Nevada 89113

7
/s/ Mary Kay Carlton
An Employee of Ballard Spahr LLP

8
9
10

[phone] FAX [phone]

12
LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
DMWEST #17171769 v1