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

Filing 414

ORDER granting 413 Motion to Stay Discovery. Discovery Plan/Scheduling Order due by 2/14/2022. Signed by Magistrate Judge Brenda Weksler on 1/20/2022. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:17-cv-00604-RFB-BNW Document 413 Filed 01/19/22 Page 1 of 5
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DAVID A. HUBBERT
Deputy 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: [phone] (Ramirez)
T: [phone] (Halasz)
F: [phone]
[e-mail]
[e-mail]
[e-mail]

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Counsel for the United States of America

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
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Plaintiffs,
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v.
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SFR INVESTMENTS POOL 1, LLC, a
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Nevada limited liability company; and
ANTHEM COUNTRY CLUB COMMUNITY, )
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ASSOCIATION, a Nevada nonprofit
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corporation,
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Defendants.
_______________________________________ )
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SFR INVESTMENTS POOL 1, LLC, a
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Nevada limited liability company,
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Counterclaimant/Crossclaimant,
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v.
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ROCKTOP PARTNERS, LLC; and
WILMINGTON SAVINGS FUND SOCIETY,
FSB, as Trustee of Stanwich Mortgage Loan
Trust A,

Case No. 2:17-cv-00604-RFB-BNW
consolidated with
Case No. 2:17-cv-00916-KJD-BNW
UNOPPOSED MOTION TO STAY
DISCOVERY AND RELATED
DEADLINES IN LIGHT OF
CONTINUED SETTLEMENT
CONFERENCE
(First Request Based on Settlement
Conference Continuance)

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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,
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Counter-Defendants.
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_______________________________________ )
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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;
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WILMINGTON SAVINGS FUND SOCIETY,
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FSB, as Trustee of Stanwich Mortgage Loan
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Trust A; ANTHEM COUNTRY CLUB
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COMMUNITY ASSOCIATION; and
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REPUBLIC SILVER STATE DISPOSAL INC., )
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Defendants.
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_______________________________________ )
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ROCKTOP PARTNERS, LLC; and
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WILMINGTON SAVINGS FUND SOCIETY,
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FSB, as Trustee of Stanwich Mortgage Loan
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Trust A,
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Cross-Claimants,
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Counter-Claimants,
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v.
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UNITED STATES OF AMERICA; LEON
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BENZER, an individual; SFR INVESTMENTS )
POOL 1, LLC, a Nevada limited liability
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company; and ANTHEM COUNTRY CLUB
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ASSOCIATION, a Nevada corporation,
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Cross-Defendants,
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Counter-Defendants.
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_______________________________________
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MEMORANDUM OF POINTS AND AUTHORITIES

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The Court has continued a planned scheduling conference, and stated that it would

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entertain requests to continue other deadlines in light of the continuance. (ECF No. 410). The

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settlement conference was extended from December 27, 2021 to January 31, 2022. The United

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States moves the Court to stay discovery and other deadlines until the conference, and set a new

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schedule if the conference does not resolve the dispute. The United States has consulted the

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other litigating parties (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”, with

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Rocktop, the “loan holders”)) for consent for this relief, and they do not oppose.
At present, the open discovery primarily concerns: 1) disputes over the loan holders’

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written responses to the United States’ most recent discovery requests; and 2) a Rule 30(b)(6)

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deposition that the United States seeks to take of the loan holders. The United States had

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planned to take the deposition after the written discovery responses were completed and issues

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resolved. However, the United States and the loan holders were attempting to resolve discovery

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disputes without further motions practice. These discussions grew into more global settlement

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discussions with the other litigating parties, the parties have agreed that, subject to the Court’s

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approval, their resources are best directed to fully exploring a resolution to the overall dispute.

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There are of course many issues to be resolved in reaching a global settlement among five

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litigating parties, especially when the dispute centers on seven-figure property.

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The extra time that resulted from continuing the settlement conference has had the benefit

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of allowing the parties to narrow certain disputes. Based on its negotiations with the other

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parties, the United States is optimistic that a settlement can be reached at the conference or even

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possibly before. It is also possible that disputes between some, but not all, of the parties can be

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resolved. However, there is always the possibility that a settlement cannot be reached with all
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parties, so the United States makes this request in the interests of protecting its rights if a

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settlement fails.

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WHEREFORE, the United States ask that all pre-trial deadlines be stayed until the

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conference that is currently set for January 31, 2022. If a global settlement fails and the United

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States remains in the litigation, the United States will file a motion proposing a new schedule

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promptly after the conference.

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DATED January 19, 2022.
DAVID A. HUBBERT
Deputy Assistant Attorney General
/s/ E. Carmen Ramirez
E. CARMEN RAMIREZ
TY HALASZ
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: [phone] (Ramirez)
T: [phone] (Halasz)
F: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for the United States

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ITORDER
IS SO ORDERED
IT IS ORDERED that ECF No. 413 is GRANTED. IT
IS FURTHER ORDERED that the parties that
remain in the case must file a proposed discovery
____________________________________
plan by February 14, 2022 if this case is not
UNITED STATES MAGISTRATE JUDGE
resolved at the Settlement Conference.
IT IS SO ORDERED
DATED: 1:18 pm, January 20, 2022

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that service of the foregoing is made this January 19, 2022,

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via the Court’s ECF system to all current parties who have appeared electronically. Defendant

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Leon Benzer has defaulted. However, the United States is sending this filing to his last known

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address. Such mailing may take two business days to complete, due to in-office staffing

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limitations during the present pandemic.

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Leon Benzer, RN # 47521-048
United States Penitentiary
P.O. BOX 24550
TUCSON, AZ 85734
/s/ E. Carmen Ramirez
E. CARMEN RAMIREZ
Trial Attorney, Tax Division
U.S. Department of Justice

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