Deutsche Bank National Trust Company v. Saticoy Bay LLC Series 7920 Coral Point et al

Filing 24

ORDER granting 23 Stipulation to Stay Discovery; Signed by Magistrate Judge George Foley, Jr on 1/12/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-00907-RFB-GWF Document 23 Filed 01/11/18 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave, Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee for the Holders of the
First Franklin Mortgage Loan Trust 2006-FF5, Mortgage Pass-Through Certificates, Series
2006-FF5

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR THE
HOLDERS OF THE FIRST FRANKLIN
MORTGAGE LOAN TRUST 2006-FF5,
MORTGAGE PASS- THROUGH
CERTIFICATES, SERIES 2006-FF5., a
National Association,

Case No.: 2:17-cv-00907-RFB-GWF

STIPULATION AND ORDER STAYING
DISCOVERY

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Plaintiff,

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vs.
SATICOY BAY LLC SERIES 7920 CORAL
POINT, a Nevada Limited Liability Company;
TERRA WEST COLLECTIONS GROUP LLC
d/b/a Assessment Management Services, a
Nevada Limited Liability Company and
SOUTH SHORES COMMUNITY
ASSOCIATION, a Nevada Non-Profit Coop
Corporation

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Defendants.
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Comes now, Plaintiff, Deutsche Bank National Trust Company, as Trustee for the

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Holders of the First Franklin Mortgage Loan Trust 2006-FF5, Mortgage Pass-Through

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Certificates, Series 2006-FF5 (“Deutsche”), Saticoy Bay LLC Series 7920 Coral Point, LLC

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Case 2:17-cv-00907-RFB-GWF Document 23 Filed 01/11/18 Page 2 of 4

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(“Buyer”), and South Shores Community Association (“HOA”), by and through their respective
attorneys of records, and hereby agree and stipulate as follows.

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1. On March 31, 2017, Deutsche filed a Complaint (Docket No. 1).

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2. HOA filed a Motion to Dismiss on April 26, 2017 (Docket No. 9), which is fully

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briefed and pending with the Court.

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3. Buyer filed a Motion to Dismiss on May 3, 2017 (Docket No. 11), which is fully

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briefed and pending with the Court.

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4. On June 9, 2017 this Court entered a Scheduling Order relating to the discovery plan

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in this case (Docket No. 18), setting discovery cutoff for March 8, 2018.

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5. Federal district courts have “wide discretion in controlling discovery.” Little v. City

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of Seattle, 863 F.2d 681, 685 (9th Cir. 1988).

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6. To determine if a stay is appropriate, the court considers (1) damage from the stay;

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(2) hardship or inequity that befalls one party more than the other; and (3) the orderly
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course of justice. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498

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F.3d 1059, 1066 (9th Cir. 2007) (setting forth factors). Here, the factors support a

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stay of all proceedings based on the pending Motions to Dismiss as well as the

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pending certified question to the Nevada Supreme Court in Bank of New York Mellon

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v. Star Hill Homeowners Association, 2:16-cv-2561-RFB-PAL/Nev. S. Ct. Case No.

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729311.

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7. The parties believe a stay is warranted because they will be able to avoid the cost of

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expense of continued written discovery and depositions on issues that may be

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Buyer believes the certified question relates to whether NRS §116.31168(1)’s incorporation of NRS §107.090
required a homeowner’s association to provide notices of default and/or sale to persons or entities holding a
suborindate interest even when such persons or entities did not request notice, prior to the amendments that took
effect on October 1, 2015 (Nev. S. Ct. Case No. 72931 (Order Accepting Certified Question, Directing Briefing and
Directing Submissions of Filing Fee, filed June 13, 2017), ECF No. 41.

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Case 2:17-cv-00907-RFB-GWF Document 23 Filed 01/11/18 Page 3 of 4

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irrelevant based on the outcomes of the pending motions and on the aforementioned

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certified question. Moreover, the Court will be relieved of expending further time

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and effort considering any discovery-related motions or protective orders.

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8. The parties agree there will be no significant hardship or inequity against any party,

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and it is appropriate for this Court to exercise its power to grant a stay of discovery at

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this time. A trial date has not yet been set and the outcome of the pending motions to

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dismiss as well as the certified question will potentially result in resolution of the

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entire case.

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Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED that discovery

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on the above-identified action should be stayed pending a decision from the Court on the
pending motions to dismiss as well as the aforementioned certified question.

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Consistent herewith, IT IS FURTHER STIPULATED AND AGREED that any noticed

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depositions are vacated, and deadlines for any pending written discovery are suspended until

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further order of the Court.

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IT IS SO STIPULATED.

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DATED this 11th day of January, 2018.
WRIGHT, FINLAY & ZAK, LLP
/s/ Robert A. Riether, Esq. __________
Robert A. Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, Deutsche Bank National Trust
Company, as Trustee for the Holders of the First Franklin
Mortgage Loan Trust 2006-FF5, Mortgage Pass-Through
Certificates, Series 2006-FF5

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Case 2:17-cv-00907-RFB-GWF Document 23 Filed 01/11/18 Page 4 of 4

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DATED this 11th day of January, 2018.

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LEACH JOHNSON SONG & GRUCHOW

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/s/_Ryan D. Hastings, Esq.
Ryan D. Hastings, Esq.
Nevada Bar No. 12394
8945 W. Russell Road, Suite 330
Las Vegas, Nevada 89148
Attorneys for Defendant South Shores Community
Association

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DATED this 11th day of January, 2018.

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GEISENDORF & VILKIN, PLLC

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/s/ Charles L. Geisendorf, Esq.
Charles L. Geisendorf, Esq.
Nevada Bar No. 6985
2470 St. Rose Parkway, Ste. 309
Henderson, Nevada 89074
Attorneys for Defendant Saticoy Bay, LLC Series 7920
Coral Point

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ORDER

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IT IS SO ORDERED.

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12th
Dated this _____ day of _____________, 2018.
January

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________________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT JUDGE

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