U.S. Bank Trust v. LN Management, LLC Series 4004 Cape Sand

Filing 31

ORDER Granting 30 Stipulation for Extension of Time (First Request) re Discovery and Dispositive Motion Deadline. Discovery due by 6/12/2018. Motions due by 7/12/2018. Proposed Joint Pretrial Order due by 8/10/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, U.S. Bank Trust, N.A.,
as Trustee for LSF9 Master Participation Trust

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. BANK TRUST, N.A., AS TRUSTEE
FOR LSF9 MASTER PARTICIPATION
TRUST,

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STIPULATION AND ORDER TO
EXTEND DISCOVERY AND TO
EXTEND DISPOSITIVE MOTION
DEADLINE

Plaintiff,

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Case No.: 2:17-cv-01109-RFB-CWH

vs.
LN MANAGEMENT, LLC SERIES 4004
CAPE SAND; LAS HADAS HOMEOWNERS’
ASSOCIATION

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(FIRST REQUEST)

Defendants.

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Page 1 of 6

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Pursuant to Local Rules 6-1 and 7-1, Plaintiff, U.S. Bank Trust, N.A., as Trustee for

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LSF9 Master Participation Trust (hereinafter “U.S. Bank” or “Plaintiff”) and Defendant, LN

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Management, LLC Series 4004 Cape Sand (“LN Management” or “Defendant”) by and through

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their respective attorneys of record, file this joint stipulation and request the court to extend the

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close of discovery by one hundred twenty (120) days and to extend the dispositive motion

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deadlines and joint pretrial order deadlines accordingly. This is the parties’ first request for an

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extension of all the current discovery deadlines.

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I.

INTRODUCTION

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This dispute involves an HOA foreclosure sale conducted by Defendant Las Hadas

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Homeowners’ Association. Plaintiff U.S. Bank Trust, N.A., as Trustee for LSF9 Master

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Participation Trust (“U.S. Bank”) seeks to quiet title as to the foreclosed property and seeks other
related relief pertaining to the sale of the property. The primary issue is whether U.S. Bank’s
deed of trust survived the foreclosure sale.

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II.

STATEMENT SPECIFYING THE DISCOVERY COMPLETED.

On September 6, 2017, the court entered a Scheduling Order ECF No. 18 and set the
following deadlines:
Discovery cut-off
February 12, 2018
Amend pleadings and add parties November 15, 2017
Expert disclosures
December 14, 2017
Rebuttal expert disclosures
January 15, 2018
Dispositive Motions
March 14, 2018
Pretrial order
April 13, 2018
On December 15, 2017, the court approved the parties Stipulation to Extend the deadline
for amending pleadings and add parties, and set the new deadline as January 14, 2018.

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The following discovery has already been completed:
1. U.S. Bank served its initial disclosures on Defendant LN Management, LLC Series 4004
Cape Sand on September 1, 2017,

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2. U.S. Bank served its Initial Expert Disclosure on November 2, 2017

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3. U.S. Bank propounded written discovery, consisting of First Set of Interrogatories, First

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Set of Requests for Admissions and First Request for Production of Documents, to

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Defendant LN Management, LLC Series 4004 Cape Sand on December 11, 2017.

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4. Defendant LN Management, LLC Series 4004 Cape Sand responded to U.S. Bank’s First

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Set of Requests for Admissions on December 7, 2017.

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5. Defendant LN Management, LLC Series 4004 Cape Sand responded to U.S. Bank’s First

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Set of Interrogatories and First Set of Requests for Production on January 22, 2018.

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6. U.S. Bank served its First Supplemental Disclosures on February 7, 2018.
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III.

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SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN
COMPLETED.

The following discovery has not been completed:

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1. Defendant LN Management, LLC Series 4004 Cape Sand has not served its initial

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disclosures.

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2. Defendant LN Management, LLC Series 4004 Cape Sand has not propounded written

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discovery on U.S. Bank.

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3. No depositions of any of the parties’ 30(b)(6) witnesses or any the deposition of any

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other witness have been conducted, other than the deposition of LN Management, LLC

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Series 4004 Cape Sand’s designated 30(b)(6) witness. U.S. Bank did Subpoena the HOA,

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Las Hadas Homeowners’ Association for deposition to be held February 8, 2018 at 2:00
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p.m. However their forthcoming counsel requested that the deposition be vacated until

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she is officially retained and makes an appearance. Further, U.S. Bank subpoenaed the

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HOA Trustee, Alessi & Koenig, LLC for deposition to be held on February 9, 2018 at

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2:00 p.m., but the deponent did not appear. Accordingly, this deposition also needs to be

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rescheduled.

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Page 3 of 6

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IV.

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REASON WHY EXTENSION IS REQUIRED.

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Discovery closes on February 12, 2018. However, with the addition of Las Hadas

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Homeowners’ Association via the First Amended Complaint filed on January 31, 2018, this new

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party has not had an opportunity to conduct any discovery, including initial disclosures, take

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depositions or written discovery and has not yet even made an appearance in this matter.

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In addition, the other parties have not had an opportunity to conduct any discovery as it

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pertains to HOA, as a new party in this case. The extension requested will also provide the

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parties additional time to conduct any follow-up discovery that may be required after reviewing
HOA’s initial disclosures, or after HOA reviews the discovery already conducted by the other
parties. As new incoming parties to this litigation, there is good cause to extend the discovery
deadlines so that they may have an opportunity to conduct meaningful discovery.

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V.

PROPOSED

SCHEDULE

FOR

COMPLETING

ALL

REMAINING

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DISCOVERY.

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The parties agree that discovery will be extended one hundred twenty (120) days, and the
scheduling order deadlines will be extended to the following:

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Discovery cut-off
Amend pleadings and add parties
Expert disclosures
Rebuttal expert disclosures
Dispositive Motions
Pretrial Order

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June 12, 2018
April 13, 2018
April 13, 2018
May 14, 2018
July 12, 2018
August 10, 2018

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IT IS SO STIPULATED.

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DATED this 9th day of February, 2018.

DATED this 9th day of February, 2018.

WRIGHT, FINLAY & ZAK, LLP

LAW OFFICE OF KERRY P.
FAUGHNAN

_/s/ Rock K. Jung, Esq._____________
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
[e-mail]
Attorneys for Plaintiff, U.S. Bank Trust,
N.A., as Trustee for LSF9 Master
Participation Trust

_/s/ Kerry P. Faughnan, Esq._______
Kerry P. Faughnan, Esq.
Nevada Bar No. 12204
P.O. Box 335361
North Las Vegas, NV 89033
[e-mail]
Attorneys for Plaintiff, U.S. Bank, N.A., as
Trustee for the Certificateholders of Banc of
America Funding Corporation Mortgage PassThrough Certificates, Series 2006-I

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ORDER

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IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE
DATED: February 12, 2018

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am an employee of WRIGHT, FINLAY & ZAK, LLP; that

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electronic service of the foregoing STIPULATION AND ORDER TO EXTEND

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DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE (FIRST

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REQUEST) was made on the 9th day of February, 2018, to all parties and counsel as identified

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on the Court-generated Notice of Electronic Filing.

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/s/ Kelli Wightman
An Employee of WRIGHT, FINLAY & ZAK,

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