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

Filing 343

SCHEDULING ORDER granting 339 Discovery Plan and Scheduling Order; Discovery due by 3/26/2021. Motions due by 4/26/2021. Proposed Joint Pretrial Order due by 5/26/2021. Signed by Magistrate Judge Brenda Weksler on 1/11/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-00604-RFB-BNW Document 339 Filed 01/07/21 Page 1 of 5

1
2
3
4
5
6
7
8
9
10

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney
General
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]
Of Counsel
NICHOLAS A. TRUTANICH
United States Attorney
Attorneys for the United States of America

KIM GILBERT EBRON
DIANA S. EBRON (Bar No. 10580)
JACQUELINE GILBERT (Bar No. 10593)
KAREN L. HANKS (Bar No. 9578)
7625 Dean Martin Drive, Ste. 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC
LIPSON NEILSON, COLE, SELTZER &
GARIN, P.C.
J. WILLIAM EBERT (Bar No. 2697)
JANEEN V. ISAACSON (Bar No. 6429)
9900 Covington Cross Dr., Ste. 120
Las Vegas, Nevada 89144
Attorneys for Anthem Country Club Community
Association

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA
)
)
)
)
)
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
association,

1

Case No. 2:17-cv-00604-RFB-BW
consolidated with
Case No. 2:17-cv-00916-KJD-BW
MOTION FOR ENTRY OF
PROPOSED UPDATED
DISCOVERY PLAN AND
SCHEDULING ORDER BY
ANTHEM COUNTRY CLUB
COMMUNITY ASSOCIATION,
SFR INVESTMENTS POOL 1, LLC,
AND THE UNITED STATES
REGARDING DISCOVERY AND
DISPOSITIVE MOTIONS
DEADLINES

Case 2:17-cv-00604-RFB-BNW Document 339 Filed 01/07/21 Page 2 of 5

1
2

CAPITAL ONE, NATIONAL
ASSOCIATION, a national banking
Association; LEON BENZER, an individual;
UNITED STATES OF AMERICA

3
Cross-Defendants,
Counter-Defendants.

4

C

5

_______________________________________

6

UNITED STATES OF AMERICA,

7

Plaintiff,

8

v.

9
10
11
12
13
14

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; and
REPUBLIC SILVER STATE DISPOSAL INC.,
Defendants.
_______________________________________

15
16
17
18
19
20
21

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,

22
23

Counter-Defendant/Cross-Defendants.
_______________________________________

24
25

2

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case 2:17-cv-00604-RFB-BNW Document 339 Filed 01/07/21 Page 3 of 5

1

Pursuant to the Court’s direction, Anthem Country Club Community Association

2

(“Anthem”), SFR Investments Pool 1, LLC (“SFR”), and the United States hereby submit their

3

proposed updated discovery plan and scheduling order, attached hereto. (See ECF No. 337

4

(minutes of December 21, 2020)).

5

As the Court is aware, Anthem, SFR, and the United States had sought to exclude

6

documents that the two other actively litigating parties, Rocktop Partners, LLC (“Rocktop”) and

7

Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A

8

(“Wilmington”) had produced after discovery. In the alternative, Anthem, SFR, and the United

9

States (the “movants” in the Court’s directive at ECF No. 337), sought discovery relevant to the

10

new materials. The Court ultimately granted the request at a hearing on December 21, 2020.

11

Although the movants’ motion had included a proposed order, the Court directed the movants to

12

submit a proposed new discovery plan and scheduling order by December 30, 2020. (See id.)

13

Unfortunately, the movants missed the deadline for a combination of reasons, including

14

mis-reading and/or failing to properly calendar the December 30 date, and being out of the office

15

due to sickness. They realized the mistake on January 4, 2020, the first business day after the

16

holidays, and promptly communicated with each other, to confirm dates with Rocktop and

17

Wilmington and to draft and review the attached proposed order. The movants regret their error,

18

and respectfully ask the Court’s indulgence. They submit that the error is a result of excusable

19

neglect that was in large measure due to taking some time off during the holidays, and the fact

20

that the motion had itself contained a proposed order spelling out the relief requested, which the

21

Court granted near the beginning of the hearing on December 21, 2020. As the Court has

22

observed in response to comments from Rocktop and Wilmington, the movants have acted

23

diligently in bringing the underlying issues to the Court’s attention. (See, e.g., ECF No. 328 at 5

24

(transcript of Dec. 7, 2020, hearing); see also, generally, ECF No. 327 at 12 (transcript of Dec. 3,

25

2020, hearing); see also ECF Nos. 289, 292, 303, 310 and 330 (notice and motions related to the
1

Case 2:17-cv-00604-RFB-BNW Document 339 Filed 01/07/21 Page 4 of 5

1

underlying discovery dispute and related scheduling issues)). The short delay of five business

2

days, one of which was New Year’s Eve, when the District Court itself was closed, will cause no

3

material prejudice to Rocktop and Wilmington, and does not alter the proposed schedule itself.

4
5

WHEREFORE, Anthem, SFR, and the United States respectfully request entry of the
attached proposed discovery plan and scheduling order.

6
7
8
9
10
11
12
13

DATED January 7, 2021
LIPSON, NEILSON, COLE, SELTZER & GARIN,
P.C.

KIM GILBERT EBRON
By: /s/ Diana 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

By: /s/ Janeen 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
Attorneys for Anthem Country Club
Community Association

14
15

Attorneys for SFR Investments Pool 1,
LLC

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

16
17
18
19

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 United States

20
ORDER
21
22

IT IS SO ORDERED
DATED: 4:33 pm, January 11, 2021

23
24
25

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE
2