U.S. Bank, National Association v. 4022 Emerald Wood Trust

Filing 36

ORDER granting 35 Stipulation re Discovery Deadlines. Discovery due by 3/7/2018. Motions due by 4/6/2018. Proposed Joint Pretrial Order due by 5/6/2018. Signed by Magistrate Judge Peggy A. Leen on 2/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00356-JCM-PAL Document 35 Filed 02/05/18 Page 1 of 4

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TYSON & MENDES LLP
THOMAS E. MCGRATH
Nevada Bar No. 7086
Email: [e-mail]
CHRISTOPHER A. LUND
Nevada Bar No. 12435
Email: [e-mail]
3960 Howard Hughes Pkwy, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Alexander Park Homeowners’ Association, Inc.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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8275 South Eastern Avenue, Suite 115
Las Vegas, Nevada 89123

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U.S. BANK, NATIONAL ASSOCIATION, AS
SUCCESSOR TRUSTEE TO BANK OF
AMERICA, N.A., AS SUCCESSOR BY
MERGER TO LASALLE BANK, N.A., AS
TRUSTEE FOR THE CERTIFICATE
HOLDERS OF THE MERRILL LYNCH
MORTGAGE INVESTORS TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2006-HE3,

Case No. 2:17-cv-00356-JCM-PAL
STIPULATION AND ORDER TO
EXTEND DISCOVERY AND TO EXTEND
DISPOSITIVE MOTION DEADLINE
(SECOND REQUEST)

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Plaintiff,
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vs.
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4022 EMERALD WOOD TRUST, an unknown
entity; ALEXANDER PARK HOMEOWNERS’
ASSOCIATION, INC.; DOE INDIVIDUALS I
through X, inclusive; and ROE
CORPORATIONS XI through XX, inclusive,

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Defendants.
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The parties file this joint stipulation and request the court to extend the close of discovery

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by thirty (30) days and to extend the dispositive motion deadlines and joint pretrial order deadlines

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accordingly. This is the parties’ second request for an extension of discovery deadlines.

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I.

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This dispute involves an HOA foreclosure sale conducted by Defendant Alexander Park

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Homeowners’ Association, Inc. (“Alexander Park”). Plaintiff U.S. Bank, National Association

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(“U.S. Bank”) seeks to quiet title as to the foreclosed property and seeks other related relief

INTRODUCTION

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Case 2:17-cv-00356-JCM-PAL Document 35 Filed 02/05/18 Page 2 of 4

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pertaining to the sale of the property. The primary issue is whether U.S. Bank’s deed of trust

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survived the foreclosure sale.

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8275 South Eastern Avenue, Suite 115
Las Vegas, Nevada 89123

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II.

STATEMENT SPECIFYING THE DISCOVERY COMPLETED.

On October 17, 2017, the court entered a revised Scheduling Order ECF No. 33 and set the
following deadlines:
Discovery cut-off
Expert disclosures
Rebuttal expert disclosures
Dispositive Motions
Pretrial order

February 5, 2018
December 5, 2017
January 4, 2018
March 5, 2018
April 3, 2018

The following discovery has already been completed:
1. U.S. Bank served its initial disclosures on Defendant 4022 EMERALD WOOD TRUST
(“Trust”) on April 21, 2017,

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2. Defendant Trust served its initial disclosures on U.S. Bank on April 20, 2017,

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3. U.S. Bank propounded written discovery to Trust on May 9, 2017.

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4. Defendant Trust served its First Supplement to its initial disclosures on June 26, 2017.

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5. Defendant Trust responded to U.S. Bank’s discovery requests on June 28, 2017.

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6. U.S. Bank served its Initial Expert Disclosure on July 27, 2017.

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7. Defendant Trust served its Rebuttal Expert Disclosure on August 28, 2017.

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8. U.S. Bank has subpoenaed records from and the deposition of Alessi & Koenig, LLC’s

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(“Alessi”) 30(b)(6) witness on September 20, 2017 with the deposition scheduled for

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October 3, 2017.

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9. U.S. Bank vacated the deposition of Alexander Park on September 29, 2017.

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10. U.S. Bank vacated the deposition of Alessi & Koenig, LLC on October 3, 2017.

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11. U.S. Bank propounded written discovery to Alexander Park on November 7, 2017.

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12. Alexander Park responded to U.S. Bank’s written discovery requests on January 3, 2018.

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13. Alexander Park propounded written discovery to U.S. Bank on January 3, 2018.

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14. Alexander Park provided initial disclosures on January 3, 2018.

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15. U.S. Bank scheduled the deposition of Alessi & Koenig, LLC’s 30(b)(6) witness for
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Case 2:17-cv-00356-JCM-PAL Document 35 Filed 02/05/18 Page 3 of 4

January 15, 2018.

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16. U.S. Bank vacated the deposition of Alessi & Koenig, LLC on January 5, 2018.

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17. On January 30, 2018, U.S. Bank took the deposition of Alexander Park’s 30(b)(6) witness.

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18. Alexander Park scheduled the deposition of U.S. Bank’s 30(b)(6) witness for February 5,

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2018.

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III.

SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN
COMPLETED.

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The following discovery has not been completed:

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1. Alexander Park has not taken the deposition of U.S. Bank’s 30(b)(6) witness due to a

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scheduling conflict with U.S. Bank’s witness.

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8275 South Eastern Avenue, Suite 115
Las Vegas, Nevada 89123

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IV.

REASON WHY EXTENSION IS REQUIRED.

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Discovery closes on February 5, 2018. Alexander Park was scheduled to take the deposition

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of U.S. Bank’s 30(b)(6) witness on February 5, 2018. Unfortunately, due to a scheduling conflict

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of U.S. Bank’s witness, who is coming from Texas, the witness is no longer able to make it to Las

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Vegas for the February 5, 2018 deposition.

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However, U.S. Bank’s witness will be able to travel to Las Vegas on February 23, 2018 at

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which time Alexander Park could take the deposition. Therefore, to accommodate U.S. Bank’s

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out-of-state witness’s schedule, the parties would like to extend the discovery cut-off by 30 days

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in order to allow for this deposition.

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Case 2:17-cv-00356-JCM-PAL Document 35 Filed 02/05/18 Page 4 of 4

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V.

PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING
DISCOVERY.

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The parties agree that discovery will be extended thirty (30) days, and the scheduling order
deadlines will be extended to the following:
Discovery cut-off
Dispositive Motions
Pretrial order

March 7, 2018
April 6, 2018
May 6, 2018

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8275 South Eastern Avenue, Suite 115
Las Vegas, Nevada 89123

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DATED this 5th day of February 2018.
WRIGHT, FINLAY & ZAK, LLP

TYSON & MENDES LLP

/s/ Rock K. Jung
EDGAR C. SMITH
Nevada Bar No. 5506
ROCK K. JUNG
Nevada Bar No. 10906
7785 West Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plantiff, U.S. Bank, National
Association

/s/ Christopher A. Lund
THOMAS E. MCGRATH
Nevada Bar No. 7086
CHRISTOPHER A. LUND
Nevada Bar No. 12435
8275 South Eastern Avenue, Suite 115
Las Vegas, Nevada 89123
Attorneys for Defendant
Alexander Park Homeowners’ Association,
Inc.

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AYON LAW, PLLC

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/s/ Luis A. Ayon
LUIS A. AYON
ALLISON SCHMIDT
9205 West Russell Rd, Bldg. 3, Suite 240
Las Vegas, Nevada 89148
Attorneys for Defendant 4022 Emerald Wood
Trust

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IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE

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February 7, 2018
DATED: ______________________________

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