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

Filing 46

ORDER Granting 44 Second Stipulation to Extend Scheduling Order Deadlines. Discovery due by 2/28/2018. Motions due by 3/29/2018. Proposed Joint Pretrial Order due by 5/1/2018. Signed by Magistrate Judge Peggy A. Leen on 1/29/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00334-RFB-PAL Document 44 Filed 12/11/17 Page 1 of 6

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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

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JPMORGAN CHASE BANK, N.A.,

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Plaintiff,
vs.

STIPULATION AND ORDER TO
EXTEND SCHEDULING ORDER
SFR INVESTMENTS POOL 1, LLC, a DEADLINES BY 60 DAYS
Nevada limited liability company;
TRAIL
RIDGE
COMMUNITY (Second Request)
ASSOCIATION, a Nevada non-profit
corporation; LIZZY HOLBROOK, an
individual.
Defendants.

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

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Counterclaimant/Cross-Claimant,

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vs.

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

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

Counter-Defendant/Cross-Defendant.

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Case 2:17-cv-00334-RFB-PAL Document 44 Filed 12/11/17 Page 2 of 6

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

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

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

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

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

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above-captioned case for 60 days, to permit the parties to complete party depositions,

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and specifically the deposition of Chase, whose designated witness must undergo

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

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at least the end of January or beginning of February 2018.

The parties have

[phone] FAX [phone]

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

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

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

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100 NORTH CITY PARKWAY, SUITE 1750

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time to 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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A.

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; first set of requests for production to SFR; second set of requests

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for production to SFR, interrogatories to SFR; notice of Rule 30(b)(6) deposition of

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SFR; first set of requests for production to Trail Ridge; second set of requests for

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

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deposition of Trail Ridge; subpoena to produce documents on non-party Alessi &

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Koenig, LLC; and subpoena to testify at a deposition on non-party Alessi & Koenig,

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LLC. In addition, Chase has taken the deposition of SFR, Trail Ridge, and Alessi &

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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.
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Case 2:17-cv-00334-RFB-PAL Document 44 Filed 12/11/17 Page 3 of 6

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Koenig, 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.

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requests for production and interrogatories to SFR.

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SFR has also responded to Chase’s

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

Specific Description of Discovery that Remains to be Completed

SFR’s requests for admission to Chase, requests for production to Chase, and

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[phone] FAX [phone]

cutoff of December 29, 2017. 2 Chase is currently preparing its responses/objections to

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LAS VEGAS, NEVADA 89106

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

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BALLARD SPAHR LLP

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

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100 NORTH CITY PARKWAY, SUITE 1750

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interrogatories to Chase. Trail Ridge is currently preparing its responses/objections

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to Chase’s requests for production to Trail Ridge and interrogatories to Trail Ridge.

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C.

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

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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.

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-00334-RFB-PAL Document 44 Filed 12/11/17 Page 4 of 6

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D.

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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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February 28, 2018

January 29, 2018

March 29, 2018

Pre-Trial Order

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December 29, 2017

Dispositive Motions

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New Deadline

Close of Discovery

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Current Deadline 3

March 1, 2018

May 1, 2018

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[continued on next page]

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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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See Scheduling Order, ECF No. 24.
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Case 2:17-cv-00334-RFB-PAL Document 44 Filed 12/11/17 Page 5 of 6

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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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BOYACK ORME & ANTHONY

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By: /s/ Edward D. Boyack
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

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Attorneys for Trail Ridge Community
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:

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January 29, 2018

Case 2:17-cv-00334-RFB-PAL Document 44 Filed 12/11/17 Page 6 of 6

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CERTIFICATE OF SERVICE

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I hereby certify that on December 11, 2017, a true copy of the foregoing

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STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES

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BY 60 DAYS (Second Request) was served via U.S. Mail, postage-pre-paid on the

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following:

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Lizzy Holbrook
9220 Red Knoll
Las Vegas, Nevada 89113

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

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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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