Capital One, National Association v. SFR Investments Pool 1, LLC et al
Filing
385
ORDER granting 384 Motion to Extend Time. Discovery deadlines are extended by 30 days. Signed by Magistrate Judge Brenda Weksler on 6/29/2021. (Copies have been distributed pursuant to the NEF - DRS) (Main Document 385 replaced on 6/29/2021) (SLD).
Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 1 of 7
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DAVID A. HUBBERT
Acting Assistant Attorney General
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E. CARMEN RAMIREZ
TY HALASZ
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: (202) 616-2885 (Ramirez)
T: (202) 307-6484 (Halasz)
F: (202) 307-0054
E.Carmen.Ramirez@usdoj.gov
Ty.Halasz@usdoj.gov
Western.Taxcivil@usedoj.gov
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Counsel for the United States of America
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WRIGHT, FINLAY & ZAK, LLP
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KIM GILBERT EBRON
DIANA S. EBRON (Nev. Bar 10580)
JACQUELINE GILBERT (Nev. Bar 10593)
KAREN L. HANKS (Nev. Bar 9578)
7625 Dean Martin Drive, Ste. 110
Las Vegas, Nevada 89139
Counsel for SFR Investments Pool 1, LLC
LIPSON NEILSON, COLE, SELTZER & GARIN, P.C.
J. WILLIAM EBERT (Nev. Bar 2697)
JANEEN V. ISAACSON (Nev. Bar 6429)
9900 Covington Cross Dr., Ste. 120
Las Vegas, Nevada 89144
Counsel for Anthem Country Club Community
Association
Darren T. Brenner (Nev. Bar 8386)
Jory C. Garabedian (Nev. Bar 10352)
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
(702) 475-7964; Fax: (702) 946-1345
dbrenner@wrightlegal.net
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Counsel for Rocktop Partners, LLC; and
Wilmington Savings Fund Society, FSB, as
Trustee of Stanwich Mortgage Loan Trust A
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
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ROCKTOP PARTNERS, LLC; and
WILMINGTON SAVINGS FUND SOCIETY,
FSB, as Trustee of Stanwich Mortgage Loan
Trust A,
Plaintiffs,
v.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company; and
ANTHEM COUNTRY CLUB COMMUNITY,
ASSOCIATION, a Nevada nonprofit
corporation,
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Case No. 2:17-cv-00604-RFB-BNW
consolidated with
Case No. 2:17-cv-00916-KJD-BNW
JOINT MOTION BY THE
ACTIVELY LITIGATING PARTIES
TO EXTEND COURT’S
DEADLINES TO BRING
DISCOVERY MOTIONS TO
FACILITATE EFFORTS TO
Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 2 of 7
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Defendants.
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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,
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Counterclaimant/Crossclaimant,
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v.
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ROCKTOP PARTNERS, LLC;
WILMINGTON SAVINGS FUND SOCIETY,
FSB, as Trustee of Stanwich Mortgage Loan
Trust A; LEON BENZER, an individual; and
UNITED STATES OF AMERICA,
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Cross-Defendants,
Counter-Defendants.
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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LEON BENZER; SFR INVESTMENTS POOL
1, LLC; 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.,
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Defendants.
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ROCKTOP PARTNERS, LLC; and
WILMINGTON SAVINGS FUND SOCIETY,
FSB, as Trustee of Stanwich Mortgage Loan
Trust A,
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Cross-Claimants,
Counter-Claimants,
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COMPROMISE
AND [PROPOSED] ORDER
(SECOND REQUEST UNDER
CURRENT SCHEDULING ORDER)
Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 3 of 7
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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,
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Cross-Defendants,
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Counter-Defendants.
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Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 4 of 7
The Court has permitted discovery to be re-opened for a limited purpose and set an
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expedited briefing schedule to resolve any discovery disputes. The parties are attempting to
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resolve potential disputes without motions practice, and are also exploring possible settlement.
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In the interest of avoiding unnecessary discovery motions and to allow the parties to focus on a
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possible settlement, Anthem Country Club Community Association (“Anthem”), SFR
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Investments Pool 1, LLC (“SFR”), Rocktop Partners LLC (“Rocktop”) and Wilmington Savings
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Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A (“Wilmington”)1 and the
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United States thus jointly move the Court for an order extending discovery deadlines, including
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the deadlines for bringing discovery motions and dispositive motions, by 30 days.
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MEMORANDUM OF POINTS AND AUTHORITIES
On December 20, 2020, the Court ordered that discovery be re-opened, in light of new
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issues that arose after most discovery had closed. (ECF No. 342 at 19.) The Court also indicated
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that discovery disputes should be resolved promptly, and directed that:
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[i]f there are any objections to any requests, parties are to meet and confer within
seven days of learning of such objection. If there is no resolution reached at the
meet and confer, the party moving for Court involvement must file a motion within
three days of the meet and confer. The responding party will have two days to
respond. No reply will be allowed.
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(Id.) Discovery is currently set to close August 9, 2021. (ECF No. 383.)
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On April 27, 2021, the United States issued written requests for discovery to Rocktop and
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Wilmington based on a new production of documents by Rocktop and Wilmington. After the
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United States sent the requests, Rocktop and Wilmington hired new counsel. (See ECF Nos. 377
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and 378 (orders granting motions to substitute attorneys).) Rocktop and Wilmington are now
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represented by the counsel listed above. The United States agreed to allow Rocktop and
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None of the other named parties are actively litigating.
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Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 5 of 7
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Wilmington additional time to respond, beyond the 30 days generally permitted in the Federal
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Rules of Civil Procedure, so as to allow the new counsel time to become more familiar with the
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case. The United States had also noticed a Rule 30(b)(6) deposition. The parties agreed to
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postpone the deposition until Rocktop and Wilmington provided discovery responses, so that the
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new counsel would have time to prepare a witness, and to see if the topics could be streamlined
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based on the discovery responses. Rocktop and Wilmington served its responses to the written
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discovery requests on June 17, 2021. While they answered many of the requests in full or in
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part, they objected to certain portions of the requests.
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The United States and Rocktop and Wilmington promptly scheduled a meet and confer to
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discuss the objections. They spoke by telephone on June 22, 2021, which, due to the recently
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announced federal holiday on June 18, 2021, was only two business days after the responses
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were served. SFR was also present during the call. Counsel for Anthem was not present on this
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occasion, but Anthem has otherwise been participating in the litigation. The United States had
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sent Rocktop and Wilmington a number of questions before the call.
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The parties spent significant time during the call discussing prior settlement discussions
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with Rocktop and Wilmington’s new counsel, who had not been involved in the earlier talks, and
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discussing a new possible settlement. The parties had a number of questions and issues
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regarding a settlement to discuss with their clients. They agreed that it made sense to table
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discovery discussions temporarily, so as to focus on settlement, and to give Rocktop and
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Wilmington more time to consider and respond to the United States’ specific questions.
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The parties therefore request an extension of discovery deadlines for 30 days from the
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date of the Court’s order. They request 30 days, rather than a shorter period, to allow them to
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more fully explore settlement, in light of the upcoming July 4 holiday and potential vacation
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schedules. The request is not to create undue delay, but to allow the parties to streamline the
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Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 6 of 7
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potential discovery disputes, to narrow the scope of a previously-noticed deposition, and to
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explore settlement of their title disputes more globally during a booming real estate market.
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WHEREFORE, the undersigned respectfully request that the Court extend discovery
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deadlines, including the deadlines for bringing motions concerning the pending objections to the
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United States’ written discovery requests, as well as the dispositive motion deadline, by 30 days.
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DATED June 23, 2021
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Respectfully submitted,
LIPSON, NEILSON, COLE, SELTZER & GARIN,
P.C.
KIM GILBERT EBRON
By: /s/ Janeen V. Isaacson
J. William Ebert (Nev. Bar No. 2697)
Janeen V. Isaacson (Nev. Bar No. 6429)
9900 Covington Cross Dr., Ste. 120
Las Vegas, Nevada 89144
By: /s/ Diana S. Ebron
Diana S. Ebron (Nev. Bar No. 10580)
Jacqueline Gilbert (Nev. Bar No. 10593)
Karen L. Hanks (Nev. Bar No. 9578)
7625 Dean Martin Drive, Ste. 110
Las Vegas, Nevada 89139
Counsel for Anthem Country Club
Community Association
Counsel for SFR Investments Pool 1, LLC
DAVID A. HUBBERT
Acting Assistant Attorney General
By: /s/ Ty Halasz
E. Carmen Ramirez
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, DC 20044
Counsel for the United States
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WRIGHT, FINLAY & ZAK, LLP
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By: /s/ Jory C. Garabedian
Darren T. Brenner (Nev. Bar 8386)
Jory C. Garabedian (Nev. Bar 10352)
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
(702) 475-7964; Fax: (702) 946-1345
dbrenner@wrightlegal.net
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IT IS SO ORDERED
IT IS SO ORDERED:
DATED: 11:05 am, June 29, 2021
_____________________________
UNITED STATES DISTRICT JUDGE or
UNITED WEKSLER
BRENDASTATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE
Counsel for Rocktop Partners, LLC; and
Wilmington Savings Fund Society, FSB,
as Trustee of Stanwich Mortgage Loan
Trust A
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