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

Filing 277

ORDER granting 276 MOTION for Leave to Appear Telephone or Video for United States at hearing set by 272 Order on 7/21/2020. Signed by Magistrate Judge Brenda Weksler on 7/1/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-00604-RFB-BNW Document 276 Filed 06/30/20 Page 1 of 6

1

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

2
3
4
5
6

E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: [phone]
F: [phone]
[e-mail]
[e-mail]

7
8

Of Counsel
NICHOLAS A. TRUTANICH
United States Attorney

9
Attorneys for the United States of America
10
11

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA

12
13
14
15
16
17
18
19
20
21
22
23
24
25

)
)
)
)
)
Plaintiff,
)
v.
)
)
SFR INVESTMENTS POOL 1, LLC, a
)
Nevada limited liability company; and
ANTHEM COUNTRY CLUB COMMUNITY, )
)
ASSOCIATION, a Nevada nonprofit
)
corporation,
)
)
Defendants.
_______________________________________ )
)
)
SFR INVESTMENTS POOL 1, LLC, a
)
Nevada limited liability company,
)
)
Counterclaimant/Crossclaimant,
)
)
v.
)
)
CAPITAL ONE, NATIONAL
)
ASSOCIATION, a national banking
1
CAPITAL ONE, NATIONAL
ASSOCIATION, a national banking
association,

Case No. 2:17-cv-00604-RFB-BNW
consolidated with
Case No. 2:17-cv-00916-KJD-BNW
UNITED STATES’ MOTION TO
APPEAR AT JULY 21, 2020,
HEARING BY TELEPHONE OR
VIDEO CONFERENCE

Case 2:17-cv-00604-RFB-BNW Document 276 Filed 06/30/20 Page 2 of 6

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

)
)
)
)
Cross-Defendants,
)
C
Counter-Defendants.
)
)
_______________________________________ )
)
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
)
)
LEON BENZER;
)
SFR INVESTMENTS POOL 1, LLC;
)
CAPITAL ONE, N.A.; ROCKTOP
PARTNERS, LLC; WILMINGTON SAVINGS )
)
FUND SOCIETY, FSB, AS TRUSTEE OF
)
STANWICH MORTGAGE LOAN TRUST A;
)
ANTHEM COUNTRY CLUB
)
COMMUNITY ASSOCIATION;
)
REPUBLIC SILVER STATE DISPOSAL
)
INC.,; and INDEMNITY COMPANY OF
)
CALIFORNIA,
)
)
Defendants.
_______________________________________ )
)
CAPITAL ONE, NATIONAL ASSOCIATION )
)
a national banking association,
)
)
Counter-Claimant/Cross-Claimant,
)
)
v.
)
)
UNITED STATES OF AMERICA;
)
LEON BENZER, an individual;
)
SFR INVESTMENTS POOL 1, LLC,
)
a Nevada limited liability company; and
)
ANTHEM COUNTRY CLUB
)
ASSOCIATION, a Nevada corporation,
)
)
Counter-Defendant/Cross-Defendants.
_______________________________________ )
Association; LEON BENZER, an individual;
UNITED STATES OF AMERICA

24
25

2

Case 2:17-cv-00604-RFB-BNW Document 276 Filed 06/30/20 Page 3 of 6

1

The United States respectfully requests permission to appear at the hearing set for July

2

21, 2020, by telephone or by video conference, as the Court prefers. (See ECF No. 272 (Order

3

setting hearing)). The hearing is set for 3:30 pm, before Magistrate Judge Weksler.

4
5

MEMORANDUM OF POINTS AND AUTHORITIES
The two suits in this consolidated proceeding concern competing claims to the same

6

piece of real property. When the litigation began, Capital One, National Association (“Capital

7

One”) allegedly controlled two separate loans secured by the property. It appears that, at some

8

point during the litigation, Capital One sold the two deeds of trust, and/or the underlying loans,

9

to Rocktop Partners, LLC and Wilmington Savings Fund Society, FSB, as Trustee of Stanwich

10

Mortgage Loan Trust A, respectively (together, the “new mortgage claimants”). The instant

11

motion concerns an upcoming Fed R. Civ. P. 30(b)(6) deposition of Capital One (not the new

12

mortgage claimants). All of the litigating parties, including Capital One, have consented to the

13

deposition itself. However, the new mortgage claimants have objected to two subtopics in the

14

deposition notice that concern the transfer or sale of the loans from Capital One to the new

15

mortgage claimants, and have moved for a protective order to bar the questions. The Court set

16

the hearing to discuss their motion.

17

The undersigned counsel for the United States has primary responsibility for the case, and

18

is based in Washington DC. As recognized in the District of Nevada’s Temporary General Order

19

2020-05 and other directives, the COVID-19 pandemic has caused a national emergency that has

20

affected the District of Nevada and the federal court system generally. Although the undersigned

21

understands that the District of Nevada is incrementally resuming in-person hearings (see, e.g.,

22

Temporary General Order 2020-08), air travel may pose risks to the undersigned and to court

23

personnel, opposing counsel, or others that the undersigned may interact with if required to travel

24

to Nevada to appear in person. It is difficult to predict the specific risk factors that may be

25

3

Case 2:17-cv-00604-RFB-BNW Document 276 Filed 06/30/20 Page 4 of 6

1

present in Washington or in Nevada at the time of the hearing, and it may be difficult and costly

2

to arrange last-minute air travel. (In fact, the parties have already agreed for the deposition itself

3

to take place via video conference.)
Therefore, the United States respectfully requests leave to appear by telephone or video

4
5

conference at the hearing, as the Court prefers. The undersigned has used various video

6

conferencing software and, if the Court directs a video appearance, the undersigned will

7

endeavor to familiarize herself with, and to practice connecting to, whatever system the Court

8

prefers. The United States has no objection to any of the other parties appearing by telephone or

9

video. Granting the request would cause no material prejudice to any party, especially since

10

counsel for the new mortgage claimants has also moved to appear telephonically. (ECF No.

11

274).

12

//

13

//

14

//

15

//

16

//

17

//

18

//

19

//

20

//

21

//

22

//

23

//

24
25

4

Case 2:17-cv-00604-RFB-BNW Document 276 Filed 06/30/20 Page 5 of 6

1

WHEREFORE, the United States seeks permission for its counsel to appear by telephone

2

at the hearing set for July 21, 2020, by calling the Court’s chambers, or, if the Court prefers, by

3

video conference.

4
5

DATED this 30th day of June, 2020.

6
/s/ E. Carmen Ramirez
7
8

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

9
10
11
12
13

E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: [phone]
F: [phone]
[e-mail]
[e-mail]

14
15
16
IT IS SO ORDERED
17
18
19
20

___________________________
United States Magistrate Judge
DATED: July 1, 2020

21
22
23
24
25

5