Capital One, National Association v. SFR Investments Pool 1, LLC et al

Filing 238

ORDER granting 237 STIPULATION FOR EXTENSION OF TIME (Third Request) to Extend Dispositive Motion Deadline re 231 Order by Capital One, National Association. Motions due by 4/30/2020. Signed by Magistrate Judge Nancy J. Koppe on 2/18/2020. (Copies have been distributed pursuant to the NEF - DRS)

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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Abran E. Vigil
Nevada Bar No. 7548
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Matthew D. Lamb
Nevada Bar No. 12991
BALLARD SPAHR LLP
1909 K Street NW, 12th Floor
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorneys for Capital One, National
Association; Rocktop Partners, LLC;
and Wilmington Savings Fund
Society, FSB, as Trustee of Stanwich
Mortgage Loan Trust A

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CAPITAL ONE, NATIONAL
ASSOCIATION, et al.,
Plaintiffs,
vs.
SFR INVESTMENTS POOL 1, LLC, et
al.,

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Defendants.
UNITED STATES OF AMERICA,
Plaintiff,
vs.
LEON BENZER, et al.,
Defendants.
CAPITAL ONE, NATIONAL
ASSOCIATION, et al.,

DMWEST #39535187 v2

Case No. 2:17-cv-00604-RFB-NJK
Case No. 2:17-cv-00916-RFB-NJK
STIPULATION TO EXTEND
DISPOSITIVE MOTION DEADLINE
[THIRD REQUEST UNDER
CURRENT SCHEDULING ORDER]

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Counter-Claimants/CrossClaimants,
vs.
UNITED STATES OF AMERICA, et al.,
Counter-Defendants/CrossDefendants

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and Anthem Country Club Community Association (“Anthem”) (collectively, the

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“Parties”) hereby stipulate to extend the dispositive motion deadline in this matter to

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Loan Trust A (“Wilmington”); SFR Investments Pool 1, LLC (“SFR”); the United States;

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LAS VEGAS, NEVADA 89135

(“Rocktop”); Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage

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BALLARD SPAHR LLP

Capital One, National Association (“Capital One”); Rocktop Partners, LLC

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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April 30, 2020. In support of this stipulation, the Parties state as follows:

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1.

From March 2018 to May 2019, these consolidated cases were stayed

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while the Court awaited certain case law developments and while the Parties

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conducted a settlement conference. ECF Nos. 87-88, 91, 109-110, 127, & 136-138.

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Ultimately, settlement negotiations were unsuccessful.

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2.

On May 24, 2019, the Court entered a new scheduling order that set a

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discovery cutoff of August 22, 2019, a dispositive motion deadline of September 23,

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2019, and a pretrial order deadline of October 23, 2019. ECF No. 144.

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3.

On August 19, 2019, Capital One, SFR, Anthem, and the United States

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filed a Stipulation to Extend Discovery Cutoff, Dispositive Motion Deadline, and

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Pretrial Order Deadline. ECF No. 162. The stipulation was based upon several

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pending motions that would affect planned depositions. The Court partially granted

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the stipulation by extending the dispositive motion deadline to December 23, 2019 and

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extending the pretrial order deadline to January 22, 2020. ECF No. 169.

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4.

At the October 21, 2019 hearing, the Court ordered that Rocktop and

Wilmington be joined as parties because Capital One had transferred its interest in the

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2005 loan involved in this matter to Rocktop and had transferred its interest in the

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2007 loan involved in this matter to Wilmington. ECF No. 214.

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5.

On November 25, 2019 a Rule 30(b)(6) deposition of Capital One was held.

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During the deposition, a dispute arose as to whether the witness was prepared to testify

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about certain topics in the deposition notices issued by SFR and the United States.

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6.

To allow the Parties time to hold a second deposition, the Parties

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requested and obtained a further extension of the dispositive motion deadline to

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February 28, 2020. ECF Nos. 230-231.

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7.

The second deposition was held on January 15, 2020. During and after

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was adequately prepared to testify about certain policies and procedures of Capital

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

the deposition, a dispute arose as to various issues, including (1) whether the witness

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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One; (2) whether the witness was adequately prepared to testify about certain entries

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in Capital One’s servicing records, and whether there are additional servicing records

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that should be produced; (3) whether the desired testimony was relevant and

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proportional to the needs of the case; and (4) the degree to which the parties had

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previously communicated or reached agreement on these issues.

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8.

The Parties are exploring potential resolutions of this dispute, including

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a stipulation as to relevant facts, a stipulation as to the admissibility or inadmissibility

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of relevant documents, and a third deposition.

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to compel and a cross-motion for protective order will be filed.

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If the Parties are unable to resolve the dispute, they expect that a motion

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At this time, the Parties request that the Court extend the dispositive

motion deadline to April 30, 2020.1

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Good cause exists for the requested extension because it will allow the

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Parties to finish attempting to resolve their dispute, to hold any further depositions,

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and to litigate any necessary motions in the event they cannot resolve the dispute.

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Pursuant to LR 26-1(b)(5), if dispositive motions are filed, the joint pretrial order
deadline is suspended until 30 days after decision on the dispositive motions or further
court order.
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Dated: February 14, 2020.

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KIM GILBERT EBRON

By: /s/ Matthew D. Lamb
Abran E. Vigil
Nevada Bar No. 7548
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

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

Matthew D. Lamb
Nevada Bar No. 12991
1909 K Street NW, 12th Floor
Washington, D.C. 20006

Attorneys for SFR Investments Pool
1, LLC

Attorneys for Capital One, National
Association; Rocktop Partners, LLC;
and Wilmington Savings Fund
Society, FSB, as Trustee of Stanwich
Mortgage Loan Trust A

[phone] FAX [phone]

12
LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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BALLARD SPAHR LLP

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LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney
General

By: /s/ Janeen V. Isaacson
J. William Ebert
Nevada Bar No. 2697
Janeen V. Isaacson
Nevada Bar No. 6429
9900 Covington Cross Dr., Ste. 120
Las Vegas, Nevada 89144

By: /s/ E. Carmen Ramirez
E. Carmen Ramirez
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, DC 20044

Attorneys for Anthem Country Club
Community Association

Attorneys for United States
IT IS SO ORDERED:

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________________________________________
UNITED STATES MAGISTRATE JUDGE
February 18, 2020
DATED:________________________________

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CERTIFICATE OF SERVICE
I certify that on February 14, 2020, I electronically filed the foregoing Stipulation

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to Extend Dispositive Motion Deadline.

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electronically:

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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The following parties will be served

Diana Cline Ebron
Jacqueline A. Gilbert
Karen L. Hanks
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

Counsel for SFR Investments Pool 1, LLC
J. William Ebert
Janeen Isaacson
LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144

Counsel for Anthem Country Club
Community Association

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E. Carmen Ramirez
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044

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Counsel for United States of America

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/s/ L. Blaschko
An Employee of Ballard Spahr LLP

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