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

Filing 78

ORDER Granting 74 Joint Motion to Extend Case Deadlines (First Request). Discovery due by 4/27/2018. Motions due by 5/28/2018. Proposed Joint Pretrial Order due by 6/27/2018. Signed by Magistrate Judge Cam Ferenbach on 1/25/2018. (Copies have been distributed pursuant to the NEF - SLD)

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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 Capital One, National
Association

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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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]

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CAPITAL ONE, NATIONAL
ASSOCIATION,
Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC and
ANTHEM COUNTRY CLUB
COMMUNITY ASSOCIATION,
Defendants.

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SFR INVESTMENTS POOL 1, LLC,

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Counter-Claimant,

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vs.

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CAPITAL ONE, NATIONAL
ASSOCIATION; LEON BENZER; and
UNITED STATES OF AMERICA;

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Counter-Defendants.

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DMWEST #17397084 v1

Case No. 2:17-cv-00604-RFB-VCF
Case No. 2:17-cv-00916-RFB-VCF
JOINT MOTION TO EXTEND CASE
DEADLINES AND PROPOSED
ORDER
[FIRST REQUEST]

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UNITED STATES OF AMERICA,

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Plaintiff,

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vs.

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LEON BENZER; SFR INVESTMENTS
POOL 1, LLC; and CAPITAL ONE, N.A.,

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Defendants.

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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CAPITAL ONE, NATIONAL
ASSOCIATION,
Counter-Claimant/Cross-Claimant,
vs.
UNITED STATES OF AMERICA; LEON
BENZER; SFR INVESTMENTS POOL 1,
LLC; and ANTHEM COUNTRY CLUB
COMMUNITY ASSOCIATION;

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Counter-Defendants/CrossDefendants.

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Capital One, National Association (“Capital One”); SFR Investments Pool 1,

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

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United States (collectively with Capital One, SFR, and Anthem, the “Moving Parties”)

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jointly move to extend the deadlines contained in the Court’s scheduling order (ECF

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No. 39). In support of this request, the Moving Parties state as follows:
1.

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On August 14, 2017, the Court entered a Discovery Plan and Scheduling

Order (ECF No. 39) with the following deadlines:

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Rebuttal Expert Disclosure Deadline: January 22, 2018

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Discovery Cutoff Date: February 5, 2018

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Initial Dispositive Motion Deadline: March 7, 2018

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Joint Pretrial Order Deadline: April 6, 20181

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Pursuant to LR 26-1(b)(5), if the parties file dispositive motions the joint pretrial
order will be due within 30 days after the last decision on any dispositive motions.

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2.

On November 7, 2017, the Court consolidated United States v. Benzer,

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No. 2:17-cv-00916 KJD-CWH, with this action. Prior to consolidation, the United

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States filed a motion for leave to amend the Benzer complaint to add additional

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potential claimants on the real property as parties, and to make minor additional

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changes to correct drafting ambiguities. The Court granted the motion to amend on

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January 16, 2018 (ECF No. 65) and the United States filed its amended complaint on

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January 18, 2018 (ECF No. 67). The United States is in the process of serving the

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three new parties.

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3.

To date the parties have been actively participating in discovery. The

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Anthem. Capital One has served written discovery requests on the United States,

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

United States has served written discovery requests on Capital One, SFR, and

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100 NORTH CITY PARKWAY, SUITE 1750

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SFR, and Anthem. SFR has served written discovery requests on Capital One and

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the United States. Anthem has served written discovery requests on Capital One.

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SFR has noticed Fed. R. Civ. P. 30(b)(6) depositions of the United States and Capital

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One. In addition, Capital One and SFR have each retained initial expert witnesses.

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4.

An extension of the existing deadlines is needed to allow the parties to

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respond to written discovery, to retain rebuttal expert witnesses, and to find

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mutually agreeable dates for depositions. The extension will also permit the newly

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added parties to respond to the United States’ amended complaint and to participate

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in discovery.

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5.

Good cause exists to grant the requested extension given the parties’

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diligence in conducting discovery thus far, the complexity of the issues involved, the

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need to conduct discovery for each of the two consolidated cases, the newly added

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parties, the holidays of December 2017 and January 2018, and the recent government

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shutdown affecting counsel for the United States.

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6.

Accordingly, the parties request that the scheduling order be amended

as follows:
Rebuttal Expert Disclosure Deadline: February 28, 2018
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Discovery Cutoff Date: April 27, 2018

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Initial Dispositive Motion Deadline: May 28, 2018. On or before this
date, the parties shall file any dispositive motions addressing: (1) the
validity of the HOA foreclosure sale, including whether SFR is the
current title owner of the property; (2) whether Capital One’s two deeds
against the property are valid; (3) whether the United States holds valid
tax assessments against Mr. Benzer, and in what amount; and (4)
whether the United States holds valid tax liens against the Property.
Dispositive motions addressing any other issues may not be filed until
after the motions described in this paragraph are decided.

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Subsequent Dispositive Motions: Once the Court has ruled on any initial
dispositive motion(s), the parties will promptly confer and propose a
schedule for any further dispositive motion(s), with the expectation that
the deadline for further motion(s) will be no earlier than 30 days after
the Court’s ruling on the initial motion(s).

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Joint Pretrial Order Deadline: June 27, 2018.2

[Signature page follows]

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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Pursuant to LR 26-1(b)(5), if the parties file dispositive motions the joint pretrial
order will be due within 30 days after the last decision on any dispositive motions.

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DMWEST #17397084 v1

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Dated: January 22, 2018.

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BALLARD SPAHR LLP

KIM GILBERT EBRON

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By: /s/ Matthew D. Lamb
Abran E. Vigil
Nevada Bar No. 7548
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

By: /s/ Diana S. 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

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

ATTORNEYS FOR SFR INVESTMENTS POOL
1, LLC

ATTORNEYS FOR CAPITAL ONE, NATIONAL
10 ASSOCIATION

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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

DAVID A. HUBBERT
Deputy Assistant Attorney General

By: /s/ Julie A. Funai
J. William Ebert
Nevada Bar No. 2697
Julie A. Funai
Nevada Bar No. 8725
9900 Covington Cross Drive, Ste. 120
Las Vegas, Nevada 89144

/s/ E. Carmen Ramirez
E. Carmen Ramirez
Virginia Cronan Lowe
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, DC 20044

ATTORNEYS FOR UNITED STATES

ATTORNEYS FOR ANTHEM COUNTRY CLUB
COMMUNITY ASSOCIATION

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IT IS SO ORDERED.

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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January 25, 2018
DATED: ________________________________

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CERTIFICATE OF SERVICE

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I certify that January 22, 2018, I electronically filed the foregoing Joint Motion

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to Extend Case Deadlines and Proposed Order. The following parties will be served

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electronically:

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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Diana Cline Ebron
Jacqueline A. Gilbert
Karen L. Hanks
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

Counsel for SFR Investments Pool
1, LLC
J. William Ebert
Julie A. Funai
LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144

Counsel for Anthem Country Club
Community Association
E. Carmen Ramirez
Virginia Cronan Lowe
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044

Counsel for United States of
America
I further certify that on January 22, 2018, I served a copy of the foregoing
document to the following parties via U.S. Mail:
Leon Benzer
FCI Big Spring
1900 Simler Ave
Big Spring, TX 79720

Pro Se

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/s/ Sarah H. Walton
An employee of Ballard Spahr LLP

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