ZHK Inc. v. Wilmington Trust, N.A. et al

Filing 20

ORDER Granting 19 Stipulation to Stay Discovery Pending Resolution of Motions. Signed by Magistrate Judge Cam Ferenbach on 10/17/17. (Copies have been distributed pursuant to the NEF - ADR)

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MORRIS LAW CENTER
SARAH A. MORRIS, ESQ.
Nevada Bar No. 8461
[e-mail]
TIMOTHY A. WISEMAN, ESQ.
Nevada Bar No. 13786
[e-mail]
5450 W. Sahara Ave. Suite 330
Las Vegas, NV 89146
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant, ZHK Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
ZHK INC., a Nevada corporation;
Case No.: 2:17-cv-01078-JCM-VCF

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Plaintiff,
vs.
WILMINGTON TRUST, N.A.; KENNETH
DELMAR JONES JR FAMILY TRUST; DOES
1-100, INCLUSIVE, AND ROES 1-100,
INCLUSIVE.

STIPULATION AND ORDER TO
STAY DISCOVERY PENDING
RESOLUTION OF MOTIONS

Defendants.

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Plaintiff, ZHK Inc., (“ZHK”) by and through Sarah A. Morris, Esq. and Timothy
A. Wiseman, Esq. of the law firm Morris Law Center; Wilmington Trust, NA, Successor
Trustee to Citibank, N.A. As Trustee F/B/O Holders of Structured Asset Mortgage
Investments II, Inc., Bear Stearns Alt-A Trust 2006-6, Mortgage Pass-Through
Certificates Series 2006-6 (“Defendant”) by and through Sylvia O. Semper, Esq. of the
law firm Ballard Spahr, hereby agree and stipulate as follows:1

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1 Kenneth Delmar Jones Jr Family Trust has not filed into this case.

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IT IS HEREBY AGREED AND STIPULATED, that the parties jointly request an

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Order staying all discovery until the pending Motion to Remand, Motion to

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Consolidate, and Motion to Amend (Doc. 7, Doc. 8, Doc. 9, Doc. 10, Doc 11, Doc. 12, and

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Doc 17) are ruled upon.

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A motion to consolidate this case into the related case has also been filed. (See

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Doc. 6). Further, the Motion to Amend, if granted, would add additional parties to this

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case who will be entitled to discovery and their presence may also impact the discovery

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conducted by the parties currently in this case. (Doc. 17). The Motion to Remand, if

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granted, would remove this case from this Court’s docket. (Doc. 18). Accordingly, it

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would not be efficient for the parties to proceed with discovery in this case while those

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motions are pending.

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Therefore, the parties have good cause for requesting the stay due to the possible

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effect of resolving all claims or issues in this case if the pending motions are granted.

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The parties believe a stay of the matter to be appropriate to conserve judicial resources.

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The parties have entered into the agreement in good faith and not for purposes of delay.
IT IS FURTHER AGREED AND STIPULATED that once the stay is lifted, any
remaining parties will submit a renewed discovery schedule 30-days from the date the
stay is lifted.
Dated: October 15, 2017

Dated: October 16, 2017

MORRIS LAW CENTER

BALLARD SPAHR LLP

By:/s/ Timothy A. Wiseman
Sarah A. Morris, Esq.
Nevada Bar No. 8461
Timothy A. Wiseman, Esq.
Nevada Bar No. 13786
Attorneys for Plaintiff, ZHK

By: /s/ Sylvia O. Semper
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Sylvia O. Semper, Esq.
Nevada Bar No. 12863
Attorney for Defendant, Wilmington Trust
(signed by filing attorney with permission)

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ORDER

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IT IS SO ORDERED this 17th

day of

October

, 2017.

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UNITED STATES MAGISTRATE JUDGE
Respectfully submitted:

By:/s/ Timothy A. Wiseman
Timothy A. Wiseman
Nevada Bar No. 13786
Attorneys for Defendant, ZHK

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CERTIFICATE OF SERVICE

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I, the undersigned, declare under penalty of perjury, that I am over the age of

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eighteen (18) years, and I am not a party to, nor interested in, this action. On this date, I

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caused to be served a true and correct copy of the foregoing STIPULATION AND
ORDER TO STAY DISCOVERY PENDING MOTIONS TO DISMISS by the method
indicated:

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BY FAX: by transmitting via facsimile the document(s) listed above to the
fax number(s) set forth below on this date before 5:00 p.m. pursuant to
EDCR Rule 7.26(a). A printed transmission record is attached to the file
copy of this document(s).
BY E-MAIL: by transmitting via e-mail the document(s) listed above to the
email addresses set forth below and/or included on the Court's Service List
for the above-referenced case.
BY U.S. MAIL: by placing the document(s) listed above in a sealed
envelope with postage thereon fully prepaid, in the United States mail at
Las Vegas, Nevada addressed as set forth below.
BY OVERNIGHT MAIL: by causing document(s) to be picked up by an
overnight delivery service company for delivery to the addressee(s) on the
next business day.
BY PERSONAL DELIVERY: by causing personal delivery via messenger
service of the document(s) listed above to the person(s) at the address(es)
set forth below.
BY ELECTRONIC SUBMISSION: submitted to the above-entitled Court
for electronic filing and service upon the Court's Service List for the abovereferenced case.
and addressed to the following:

Ballard Spahr LLP
Sylvia O. Semper
Abran E. Vigil

[e-mail]
[e-mail]

Dated this 17th day of October, 2017

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An employee of Morris Law Center

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