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

Filing 259

ORDER granting 257 STIPULATION FOR EXTENSION OF TIME (Fifth Request) to Continue Deposition and to Extend Dispositive Motion Deadline re 249 Order. The dispositive motion deadline is extended to 60 days after the Courts decision on pending 252 motion for protective order. Signed by Magistrate Judge Nancy J. Koppe on 5/22/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-00604-RFB-NJK Document 259 Filed 05/22/20 Page 1 of 3

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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 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 CONTINUE
DEPOSITION AND TO EXTEND
DISPOSITIVE MOTION DEADLINE
[FIFTH REQUEST UNDER
CURRENT SCHEDULING ORDER]

Case 2:17-cv-00604-RFB-NJK Document 259 Filed 05/22/20 Page 2 of 3

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

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(“Anthem”) (collectively, the “Parties”) hereby stipulate to continue the deposition of

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Capital One, National Association (“Capital One”) and to extend the dispositive motion

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[phone] FAX [phone]

LLC (“SFR”); the United States; and Anthem Country Club Community Association

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LAS VEGAS, NEVADA 89135

Trustee of Stanwich Mortgage Loan Trust A (“Wilmington”); SFR Investments Pool 1,

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BALLARD SPAHR LLP

Rocktop Partners, LLC (“Rocktop”); Wilmington Savings Fund Society, FSB, as

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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deadline. In support of this stipulation, the Parties state as follows:

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1.

On or about March 27, 2020, the United States issued a deposition

subpoena to Capital One that tentatively scheduled a deposition for April 15, 2010.
2.

On April 10, 2020, the Parties stipulated to extend the dispositive motion

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deadline to June 29, 2020 because, among other reasons, the Parties expected the

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deposition to be continued and expected that Rocktop and Wilmington would move for

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a protective order to eliminate two subtopics contained in the deposition subpoena.

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3.

The deposition has since been continued to May 26, 2020.

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4.

Rocktop and Wilmington filed their motion for a protective order (the

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“Motion”) on April 30, 2020. ECF No. 252. The United States filed a response on May

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14, 2020, ECF No. 255, and Capital One filed a joinder on May 15, 2020, ECF No. 256.

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Rocktop’s and Wilmington’s reply is due on May 21, 2020.

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5.

At this time, the Court has not set a hearing on the Motion or a timetable

for issuing a decision.
6.

The Parties agree that the deposition of Capital One should be continued,

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and that after the Court issues a decision on the Motion, the deposition should be

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rescheduled to a mutually convenient date within 30 days after the Court’s decision.
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Case 2:17-cv-00604-RFB-NJK Document 259 Filed 05/22/20 Page 3 of 3

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7.

The Parties further agree that the dispositive motion deadline should be

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extended until the date 60 days after the Court’s decision on the Motion. This is

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consistent with the timeframe the Parties would have had to complete the deposition

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and prepare dispositive motions absent the Motion.

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8.

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

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Court to decide the Motion prior to the deposition, will reduce the likelihood of further

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disputes during the deposition, and will allow sufficient time to obtain a transcript of

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the deposition before dispositive motions are filed.

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Dated: May 21, 2020.
KIM GILBERT EBRON

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

By: /s/ Diana S. Ebron
Diana S. Ebron
Nevada Bar No. 10580
7625 Dean Martin Drive, Ste. 110
Las Vegas, Nevada 89139

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

BALLARD SPAHR LLP

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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

Attorneys for SFR Investments Pool
1, LLC

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

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney
General

By: /s/ Janeen V. Isaacson
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

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IT IS SO ORDERED:

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________________________________________
UNITED STATES MAGISTRATE JUDGE
May 22, 2020
DATED:________________________________

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