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

Filing 43

ORDER granting 42 Stipulation; Discovery due by 4/16/2018. Motions due by 5/21/2018. Proposed Joint Pretrial Order due by 6/21/2018. Signed by Magistrate Judge Cam Ferenbach on 1/5/2018. (Copies have been distributed pursuant to the NEF - JM)

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Abran E. Vigil, Esq.
Nevada Bar No. 7548
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay Demaree, Esq.
Nevada Bar No. 11949
Kyle A. Ewing, Esq.
Nevada Bar No. 14051
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for JPMorgan Chase Bank, N.A.
UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135

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DISTRICT OF NEVADA
JPMORGAN CHASE BANK, N.A.
Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; CASA
PALERMO 20N HOMEOWNERS’
ASSOCIATION, a Nevada non-profit
corporation; and FARANAK
PANAHBARHAGH, an individual.

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Defendants.

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

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Counter/Cross-Claimant,

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vs.

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JPMORGAN CHASE BANK, N.A. and
FARANAK PANAHBARHAGH, an
individual,

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Case No. 2:17-CV-00342-GMN-VCF

Counter/Cross-Defendants.

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DMWEST #17361969 v1

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

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

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Investments Pool 1, LLC (“SFR”), Defendant Casa Palermo 20N Homeowners’

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Association (“Casa Palermo”), and Defendant Faranak Panabarhagh, by and through

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their respective counsel of record, stipulate and request that this Court extend

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discovery and dispositive motion deadlines in the above-captioned case for 60 days, to

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permit the parties to complete party depositions, and specifically the deposition of

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Chase, whose designated witness underwent significant surgery in December, from

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which she will not have recuperated until at least the end of January or beginning of

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February 2018. The parties have conferred and agree that this brief extension is the

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most reasonable way to complete discovery in this case, including so that Chase’s

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[phone] FAX [phone]

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

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BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135

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designated witness has sufficient time to attend to necessary medical treatment and

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recuperate before traveling to Las Vegas for her depositions in not only this action

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but numerous other lawsuits between Chase and SFR involving homeowners’

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association foreclosure sales.

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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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A.

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Discovery Completed to Date
To date, Chase has served the following discovery: its initial disclosure of

documents and witnesses and its initial expert disclosure.

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To date, SFR has served the following discovery: its initial disclosure of

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documents and witnesses and notice of Rule 30(b)(6) deposition of Chase and notice

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of deposition of Faranak Panabarhagh.

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To date, Casa Palermo has served its initial disclosure of documents and
witnesses.
To date, Faranak Panabarhagh has served her initial disclosure of documents
and witnesses.
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DMWEST #17361969 v1

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Moreover, on December 18, 2017, the Parties filed their interim status report.

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See ECF No. 41.

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B.

Specific Description of Discovery that Remains to be Completed

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SFR has noticed a Rule 30(b)(6) deposition of Chase for January 10, 2017. As

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discussed below, however, the parties seek to reschedule Chase’s deposition to occur

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after the current discovery cutoff of February 16, 2018. 1

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depositions of SFR, Casa Palermo, and non-party Alessi & Koenig, LLC. Chase and

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SFR are currently preparing written discovery to be served on each other. Chase is

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also preparing written discovery to be served on Casa Palermo.

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C.

Chase plans to notice

Good Cause Exists for the Requested Extension
SFR has noticed Chase’s deposition for January 10, 2018, but Chase’s Rule

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135

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

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from a significant surgery she underwent in December. It is not known at this point

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when her doctor will clear her to fly again, and she may be unable to fly until the end

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of January or beginning of February 2018. The parties have met and conferred about

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rescheduling Chase’s deposition in this and other similar lawsuits to the week of

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March 19, 2017. Although it is anticipated that Chase’s designated witness should

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be able to fly by February 2018, the parties are unable to schedule her deposition in

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February as the witness will be testifying in numerous other lawsuits that month

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(the rescheduling of which was also necessitated by her surgery.)

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This is the parties’ first request to extend the discovery period in this case, and

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they seek the extension so that Chase’s designated witness may have an opportunity

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to receive necessary medical treatment and recover from the same, which treatment

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and recovery were not anticipated at the time the parties filed their first proposed

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scheduling order. The parties have diligently engaged in discovery to date, 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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DMWEST #17361969 v1

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conferred regarding the requested extension and scheduling of outstanding discovery

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items, and seek this extension in good faith.

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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 60 days.

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Event

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April 16, 2018

March 19, 2018

May 21, 2018

Pre-Trial Order

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February 16, 2018

Dispositive Motions

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New Deadline

Close of Discovery

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Current Deadline 2

April 18, 2018

June 21, 2018

[Continued on the following page]

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[phone] FAX [phone]

BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135

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If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended
until 30 days after decision on the dispositive motions or further court order.

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See Scheduling Order, ECF No. 29.

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DMWEST #17361969 v1

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IT IS SO STIPULATED.
Dated: January 5, 2018
BALLARD SPAHR LLP

By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Karen L. Hanks, Esq.
Nevada Bar No. 9578
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
7625 Dean Martin Drive, Ste 110
Las Vegas, Nevada 89139-5974

By: /s/ Maria A. Gall
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Maria A. Gall, Esq.
Nevada Bar No. 14200
Lindsay Demaree, Esq.
Nevada Bar No. 11949
Kyle A. Ewing, Esq.
Nevada Bar No. 14051
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

Attorneys for SFR Investments Pool 1,
LLC

Attorneys for JPMorgan Chase Bank,
N.A.

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HALL JAFFEE & CLAYTON, LLP

BLUT LAW GROUP, APC

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By: /s/ Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, Nevada 89128

By: /s/ Elliot S. Blut
Elliot S. Blut, Esq.
Nevada Bar No. 6570
300 S. 4th Street
Las Vegas, Nevada 89101

Attorneys for Casa Palermo 20N
Homeowners’ Association

Attorneys for Faranak Panahbarhagh

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[phone] FAX [phone]

necessary given the good cause set forth above.

KIM GILBERT EBRON

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BALLARD SPAHR LLP
1980 FESTIVAL PLAZA DRIVE, SUITE 900
LAS VEGAS, NEVADA 89135

This extension is not requested for purposes of delay and is reasonable and

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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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1-5-2018