U.S. Bank, National Association, et al v. SFR Investments Pool 1, LLC, et al

Filing 43

ORDER Granting 42 Stipulation to Extend Discovery and Amend Scheduling Order (First Request). Discovery due by 5/11/2018. Motions due by 6/8/2018. Proposed Joint Pretrial Order due by 7/6/2018. Signed by Magistrate Judge George Foley, Jr on 2/15/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:17-cv-01319-JCM-GWF Document 42 Filed 02/14/18 Page 1 of 4 1 2 3 4 5 6 7 DICKINSON WRIGHT PLLC Cynthia L. Alexander, Esq. Nevada Bar No. 6718 Email: calexander@dickinson-wright.com Taylor Anello, Esq. Nevada Bar No. 12881 Email: tannello@dickinson-wright.com 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 Tel: (702) 550-4400 Fax: (702) 382-1661 Attorneys for Plaintiffs U.S. Bank, National Association, as Trustee for GSAA 2006-1 and SunTrust Mortgage, Inc. 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 U.S. BANK, NATIONAL ASSOCIATION, as Trustee for GSAA2006-1, an Ohio Company; SUNTRUST MORTGAGE, INC., a Virginia Corporation Plaintiffs, 15 16 17 18 19 v. SFR INVESTMENT POOL 1, LLC, a Nevada limited liability company; SAN MARINO PROPERTY OWNERS ASSOCIATION, a Nevada non-profit corporation Defendants. 20 ) CASE NO.: 2:17 cv-01319-JCM-GWF ) ) ) ) ) ) ) STIPULATION AND ORDER TO EXTEND ) DISCOVERY AND TO AMEND ) SCHEDULING ORDER [ECF NO. 30] ) (FIRST REQUEST) ) ) ) ) ) 21 Pursuant to LR IA 6-1, LR 7-1, and LR 26-4, Plaintiffs U.S. Bank, National Association, as 22 Trustee for GSAA 2006-1 and SunTrust Mortgage, Inc. (“Plaintiffs”) through undersigned counsel, 23 the law firm of Dickinson Wright, PLLC, Defendant SFR Investments Pool 1, LLC (“SFR”) through 24 undersigned counsel, the law firm of Kim Gilbert Ebron, and Defendant San Marino Property 25 Owners Association (“San Marino”), the law firm Lipson Neilson Cole Seltzer & Garin PC hereby 26 agree and stipulate to extend the case management deadlines as set forth below. This is the parties’ 27 first request to extend discovery deadlines. 28 -1346400-v1 Case 2:17-cv-01319-JCM-GWF Document 42 Filed 02/14/18 Page 2 of 4 1 A. BACKGROUND STATEMENT AND COMPLETED DISCOVERY: 2 Plaintiffs filed their Complaint on May 10, 2017 in the United States District Court for the 3 District of Nevada. On September 12, 2017, the Court entered its initial scheduling order in this case. 4 (ECF No. 30.) Plaintiffs just recently retained new counsel in this matter and filed the Substitution of 5 Counsel on February 12, 2018. This is the first request for an extension of the discovery deadlines, 6 which is limited to a request for an additional sixty (60) days. 7 The following discovery has been completed: 8 Plaintiffs served initial disclosures on September 7, 2017. 9 Defendant SFR served initial disclosures on September 6, 2017. 10 Defendant San Marino served initial disclosures on September 26, 2017. 11 Defendant San Marino has served Plaintiffs with interrogatories, request for production and 12 request for admission (“San Marino Discovery Requests”) on November 7, 2017. Plaintiffs have 13 until February 16, 2018 to respond to the San Marino Discovery Requests. 14 15 Defendant/Counterclaimant SFR served US Bank with interrogatories, request for production and request for admission (“SFR Discovery Requests”) on February 7, 2018. 16 Defendant/Counterclaimant SFR has noticed the Rule 30(b)(6) Depositions of Plaintiffs for 17 March 9, 2018. The parties will likely need additional time to schedule the depositions for a 18 mutually agreeable date. 19 B. 20 The parties agree that additional time is necessary for the parties to complete discovery in this DESCRIPTION OF DISCOVERY TO BE COMPLETED: 21 case. 22 documents and evaluate the case. Additionally, the parties anticipate that they will take party 23 depositions and additional written discovery. The parties anticipate being able to schedule and 24 complete party depositions within the next 90 days, as well as any additional fact witnesses as 25 deemed necessary based upon documents received in response to subpoena. 26 27 28 Plaintiffs’ has recently retained new counsel who will need additional time to review C. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY: The parties agree that an additional 60 days is required to complete discovery, and that new -2346400-v1 Case 2:17-cv-01319-JCM-GWF Document 42 Filed 02/14/18 Page 3 of 4 1 deadlines should begin to run from the existing deadlines: 2 1. Close of Discovery: 3 Current Deadline – March 12, 2018 4 Proposed Deadline – May 11, 2018 5 2. Dispositive Motion Deadline: 6 Current Deadline – April 11, 2018 7 Proposed Deadline – June 8, 2018 8 3. Pretrial Order: 9 Current Deadline – May 11, 2018 10 Proposed Deadline – July 6, 2018 11 In the event that dispositive motions are filed, the date for filing the Joint Pretrial Order shall be 12 suspended and should be filed thirty (30) days after the decision on the dispositive motions or until 13 further order of the Court. 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -3346400-v1 Case 2:17-cv-01319-JCM-GWF Document 42 Filed 02/14/18 Page 4 of 4 1 Good cause exists for this short extension as Plaintiffs’ just retained new counsel who needs 2 additional time to evaluate the case and conduct any necessary discovery. This request is not brought 3 for the purpose of undue delay. 4 Dated February 14, 2018 5 DICKINSON WRIGHT, PLLC 6 By: _/s/ Cynthia Alexander_________________ Cynthia L. Alexander, Esq. Nevada Bar No. 6718 Taylor Anello, Esq. Nevada Bar No. 12881 8363 West Sunset Road, Suite 200 Las Vegas, Nevada 89113-2210 Tel: (702) 550-4400 Fax: (702) 382-1661 Attorneys for Plaintiffs U.S. Bank, National Association, as Trustee for GSAA 2006-1 and SunTrust Mortgage, Inc. 7 8 9 10 11 12 Dated February 14, 2018 Kim Gilbert Ebron By: _/s/ Diana Ebron___________________ Diana S. Ebron 7625 Dean Martin Drive, Suite 110 Las Vegas, NV 89139 Phone: (702) 485-3300 Fax: (702) 485-3301 Attorneys for Defendant SFR Investments Pool 1, LLC 13 14 15 16 17 18 19 Dated February 14, 2018 Lipson Neilson Cole Seltzer & Garin PC By: __/s/ Karen Kao______________________ Karen Kao 9900 Covington Cross Dr., Ste. 120 Las Vegas, NV 89144 702-382-1500 Attorneys for Defendant San Marino Property Owners Association 20 21 IT IS SO ORDERED: 22 23 UNITED STATES MAGISTRATE JUDGE 24 DATED: 2/15/2018 25 26 LVEGAS 55969-24 203368v1 27 28 -4346400-v1

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