Nationstar Mortgage LLC et al v. Newport Cove Condominium Unit Owners' Association, Inc. et al

Filing 56

ORDER Granting 54 Stipulation to Extend Discovery (First Request) as to Defendant Daily Management Corporation only. Discovery due by 1/30/2018. Motions due by 2/12/2018. Proposed Joint Pretrial Order due by 3/12/2018. Signed by Magistrate Judge Nancy J. Koppe on 12/4/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-00474-JCM-NJK Document 54 Filed 12/01/17 Page 1 of 4

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A.J. Kung, Esq.
Nevada Bar No. 7052
Georlen K. Spangler, Esq.
Nevada Bar No. 3818
KUNG & BROWN
214 South Maryland Parkway
Las Vegas, Nevada 89101
[phone] Telephone
[phone] Facsimile
E-Mail: [e-mail]
[e-mail]
Attorneys for Defendant
Daly Management Corporation

DISTRICT OF NEVADA

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KUNG & BROWN

UNITED STATES DISTRICT COURT

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214 South Maryland Parkway
Las Vegas, Nevada 89101
Tel: [phone] / Fax: [phone]

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***

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NATIONSTAR MORTGAGE LLC and
FEDERAL HOME LOAN MORTGAGE
CORPORATION, a government sponsored
enterprise,

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Plaintiffs,
vs.
NEWPORT COVE CONDOMINIUM UNIT
OWNERS' ASSOCIATION, INC.; RBBE
REAL ESTATE INVESTMENTS, LLC;
DALY MANAGEMENT CORPORATION;
and
HAMPTON
&
HAMPTON
COLLECTIONS LLC,

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CASE NO.: 2:17-cv-00474-JCM-NJK

STIPULATION TO EXTEND
DISCOVERY WITH RESPECT TO
DEFENDANT DALY
MANAGEMENT CORPORATION
ONLY
(First Request)

Defendants.

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties’ counsel of
record and subject to the approval of the Court, that discovery in this case be extended with
respect to Daly Management Corporation only from December 12, 2017 until January 30, 2017.1
Thus, this request is timely under Local Rule 26-4 and the Scheduling Order (ECF No. 14).

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Pursuant to Local Rule 26-4, the parties, through their counsel, state the following:

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Plaintiffs have a Motion to Stay Discovery pending. See, ECF 49 and ECF 48.

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Case 2:17-cv-00474-JCM-NJK Document 54 Filed 12/01/17 Page 2 of 4

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(a)

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Discovery completed
The parties have exchanged the following sets of written discovery:

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Plaintiffs to Defendant Daly Property Management— responses received
October 19, 2017

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a.
b.
c.

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2.

Plaintiffs to Defendant Newport Cove — responses received October 3, 2017
a.
Interrogatories
b.
Requests for Production
c.
Requests for Admission

3.

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Plaintiffs to Defendant Hampton & Hampton

KUNG & BROWN

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214 South Maryland Parkway
Las Vegas, Nevada 89101
Tel: [phone] / Fax: [phone]

Interrogatories
Requests for Production
Requests for Admission

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a.
b.
c.

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Interrogatories
Requests for Production
Requests for Admission

The parties have completed the following depositions or the depositions will be
completed prior to the current discovery cutoff:

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1.

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(b)

Rule 30(b)(6) deposition of Newport Cove – completed

2.

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Rule 30(b)(6) deposition of Hampton & Hampton – set for December 8, 2017

Discovery that remains to be completed

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The following discovery remains to be completed:

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1.

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2.
Plaintiff may propound an additional 10 interrogatories, 10 requests for
admission and 10 requests for production of documents to Daly Management in lieu of
taking the Rule 30(b)(6) deposition of Daly Management.

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(c)

Rule 30(b)(6) deposition of Daly Management Corporation;

Reasons the remaining discovery was not completed within the time limits set by the
discovery plan
Plaintiff noticed the Rule 30(b)(6) deposition for Daly Management Corporation to take

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place on November 15, 2017 at 2:00 p.m., however, when Plaintiff was advised that the Rule

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30(b)(6) witness for Daly was elderly (in his mid-80’s) and that he resided in California,
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Case 2:17-cv-00474-JCM-NJK Document 54 Filed 12/01/17 Page 3 of 4

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Plaintiff agreed to reschedule the deposition to a mutually agreeable time and place in

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California.

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The deposition was subsequently re-noticed for December 4, 2017 at 11:00 a.m., to be

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conducted by teleconference, with the witness to be in California. However, as mentioned

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above, the witness is elderly. He also has prostate cancer and is not feeling well. The parties

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want to allow him time to feel better, and to avoid the holidays; therefore, they have agreed to

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reschedule his deposition, subject to the Court’s approval, for mid-January 2018.

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(d)

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KUNG & BROWN

214 South Maryland Parkway
Las Vegas, Nevada 89101
Tel: [phone] / Fax: [phone]

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Proposed schedule for completing all remaining discovery.
The parties state this request is made for no improper purpose or delay. The new

proposed deadlines would be as follows:

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Discovery Cutoff

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The discovery cutoff deadline will be extended from December 12, 2017 to January 30,

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2018 with respect to Daly Management Corporation only for the purpose of allowing the

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Plaintiff to conduct the Rule 30(b)(6) deposition, or in lieu thereof, to propound 10

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interrogatories, 10 requests for production of documents, and 10 requests for admission.

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Dispositive Motions

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The last day for filing dispositive motions in this case shall be extended from January
11, 2017 to February 12, 2018

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Joint Pretrial Order

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The deadline to file the Joint Pretrial Order in this case shall be extended from

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February 9, 2018, to March 12, 2018. In the event dispositive motions are pending before the

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Court on that date, the date for filing the Joint Pretrial Order shall be suspended until 30 days

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after the date of the Court’s decision on the last dispositive motion.

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[signatures follow next page]

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Case 2:17-cv-00474-JCM-NJK Document 54 Filed 12/01/17 Page 4 of 4

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This is the parties’ first request for an extension of the discovery deadline and is not made

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to delay this matter. Based upon the foregoing, the parties believe there is good cause for the

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requested extension.

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DATED this 1st day of December, 2017.

DATED this 1st day of December, 2017.

KUNG & BROWN

AKERMAN LLP

/s/ Georlen K. Spangler
Georlen K. Spangler, Esq.
Kung & Brown
214 South Maryland Parkway
Las Vegas, NV 89101
Attorneys Daly Management Corporation

/s/ Thera A. Cooper
Thera A. Cooper, Esq.
Akerman LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Attorney for Nationstar Mortgage LLC and
Federal Home Loan Mortgage Corporation

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DATED this 1st day of December, 2017.

DATED this 1st day of December, 2017.

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LIPSON NEILSON COLE SELTZER &
GARIN

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KUNG & BROWN

214 South Maryland Parkway
Las Vegas, Nevada 89101
Tel: [phone] / Fax: [phone]

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/s/ Eric Tran
Eric Tran, Esq.
Lipson Neilson Cole Seltzer & Garin
9900 Covington Cross Dr. Ste. 120
Las Vegas, NV 89144
Attorney for Newport Cove Condominium Unit
Owners’ Association, Inc.

/s/ Brandon Wood
Brandon Wood, Esq.
6224 West Desert Inn Rd.
Las Vegas, NV 89146
Attorney for Hampton & Hampton Collections
LLC

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IT IS SO ORDERED.

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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December 4, 2017
Dated: ______________________

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