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

Filing 49

ORDER Granting 48 Second Stipulation to Extend Deadlines. Discovery due by 8/7/2018. Motions due by 9/6/2018. Proposed Joint Pretrial Order due by 10/6/2018. Signed by Magistrate Judge George Foley, Jr on 6/11/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01319-JCM-GWF Document 48 Filed 06/08/18 Page 1 of 4

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DICKINSON WRIGHT PLLC
Cynthia L. Alexander, Esq.
Nevada Bar No. 6718
Email: [e-mail]
Taylor Anello, Esq.
Nevada Bar No. 12881
Email: [e-mail]
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs U.S. Bank, National Association,
as Trustee for GSAA 2006-1 and SunTrust Mortgage, Inc.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

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U.S. BANK, NATIONAL ASSOCIATION,
as Trustee for GSAA2006-1, an Ohio
Company; SUNTRUST MORTGAGE, INC.,
a Virginia Corporation
Plaintiffs,

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v.
SFR INVESTMENT POOL 1, LLC, a Nevada
limited liability company; SAN MARINO
PROPERTY OWNERS ASSOCIATION, a
Nevada non-profit corporation
Defendants.

) CASE NO.: 2:17 cv-01319-JCM-GWF
)
)
)
)
)
)
) STIPULATION AND ORDER TO EXTEND
)
DISPOSITIVE MOTION DEADLINE,
)
LIMITED EXTENSION OF THE
)
DISCOVERY DEADLINE AND TO
) AMEND SCHEDULING ORDER [ECF NO.
)
30]
)
(SECOND REQUEST)
)
)

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Pursuant to LR IA 6-1, LR 7-1, and LR 26-4, Plaintiffs U.S. Bank, National Association, as
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Trustee for GSAA 2006-1 and SunTrust Mortgage, Inc. (“Plaintiffs”) through undersigned counsel,
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the law firm of Dickinson Wright, PLLC, Defendant SFR Investments Pool 1, LLC (“SFR”) through
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undersigned counsel, the law firm of Kim Gilbert Ebron, and Defendant San Marino Property
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Owners Association (“San Marino”), the law firm Lipson Neilson Cole Seltzer & Garin PC hereby
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agree and stipulate to extend the case management deadlines as set forth below. This is the parties’
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second request to amend the discovery deadlines and scheduling order.
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Case 2:17-cv-01319-JCM-GWF Document 48 Filed 06/08/18 Page 2 of 4

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A.

BACKGROUND STATEMENT AND COMPLETED DISCOVERY:

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Plaintiffs filed their Complaint on May 10, 2017 in the United States District Court for the

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District of Nevada. On September 12, 2017, the Court entered its initial scheduling order in this case.

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(ECF No. 30.) Plaintiffs retained new counsel in this matter and filed the Substitution of Counsel on

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February 12, 2018, necessitating the first request for extension so that new counsel could have time

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to review the matter. Since that date, the parties have actively engaged in discovery, as described

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below. This is the second request for an extension of the discovery deadlines, which is limited to a

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request for an additional ninety (90) days (approximate) from the present discovery cut-off date of

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May 11, 2017 solely for the purpose of taking Plaintiffs’ 30(b)(6) depositions and to conduct limited

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written discovery directed to Plaintiffs’ claims.

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The following discovery has been completed:

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Plaintiffs served initial disclosures on September 7, 2017.

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Defendant SFR served initial disclosures on September 6, 2017.

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Defendant San Marino served initial disclosures on September 26, 2017.

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Plaintiffs served its Second Supplemental Disclosures on May 11, 2018 and its Third

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Supplemental Disclosures on May 14, 2018.

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Defendant San Marino has served Plaintiffs with interrogatories, request for production and

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request for admission (“San Marino Discovery Requests”) on November 7, 2017. Plaintiffs have

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responded to the San Marino Discovery Requests.

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Defendant/Counterclaimant SFR served US Bank and SunTrust with interrogatories, request

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for production and request for admission (“SFR Discovery Requests”) on February 7, 2018. US

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Bank and SunTrust responded to the SFR Discovery Requests

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Defendant/Counterclaimant SFR have agreed to take the Rule 30(b)(6) Depositions of

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Plaintiffs on June 28, 2018. This was the date that was mutually agreeable to the parties, including

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Plaintiff’s out of state deponents.

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B.

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At this point, the only discovery that needs to be completed is the 30(b)(6) depositions of

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Plaintiffs, which are going forward on June 28, 2018, and limited written discovery regarding the

DESCRIPTION OF DISCOVERY TO BE COMPLETED:

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Case 2:17-cv-01319-JCM-GWF Document 48 Filed 06/08/18 Page 3 of 4

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Plaintiffs’ claims. As such, the parties request a ninety (90) day (approximate) extension of the

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discovery deadline for the limited purpose of taking Plaintiffs’ 30(b)(6) depositions. All other

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discovery has been completed.

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C.

REASONS WHY REMAINING DISCOVERY WAS NOT COMPLETED AND

EXTENSION OF DISPOSITIVE MOTION DEADLINE IS NECESSARY:

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As explained above, this extension is for the limited purpose of taking the Rule 30(b)(6)

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depositions of Plaintiffs and conducting limited written discovery to Plaintiffs related to their claims.

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Good cause exists to extend the deadlines because Plaintiffs’ witnesses are out-of-state and counsel

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for all parties have to coordinate schedules. The failure to extend the discovery deadline prior to the

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close of discovery is due to excusable neglect, as the parties were previously unable to come to an

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agreeable deposition date that worked with all parties’ schedules. However, that has since changed

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and all parties are now available on June 28, 2018.

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As the only agreeable date for the deposition that works for all parties and witnesses is June

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28, 2018, it is necessary to extend the current dispositive motion deadline of June 8, 2018 by

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approximately 90 days. Good cause exists to extend the dispositive motion deadline because the

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parties wish to have this case decided on its merits with all parties having the information necessary

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to prove their positions. This will not prejudice any party, nor will it have any effect on any of the

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other deadlines. This request is not made in bad faith or for purposes of undue delay.

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D.

PROPOSED

SCHEDULE

FOR

ALL

REMAINING

DISCOVERY:
The parties agree that an additional 60 days from today’s date is required to complete
discovery, and an additional 100 days is required to complete dispositive motions:
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Close of Discovery:

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Current Deadline – May 11, 2018

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Proposed Deadline – August 7, 2018

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COMPLETING

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Dispositive Motion Deadline:

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Current Deadline – June 8, 2018

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Proposed Deadline – September 6, 2018
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Case 2:17-cv-01319-JCM-GWF Document 48 Filed 06/08/18 Page 4 of 4

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3.

Pretrial Order:

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Current Deadline – July 6, 2018

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Proposed Deadline – October 6, 2018

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In the event that dispositive motions are filed, the date for filing the Joint Pretrial Order shall be

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suspended and should be filed thirty (30) days after the decision on the dispositive motions or until

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further order of the Court. This request is not brought for the purpose of undue delay.

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Dated June 8, 2018

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DICKINSON WRIGHT, PLLC

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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: [phone]
Fax: [phone]
Attorneys for Plaintiffs U.S. Bank, National
Association, as Trustee for GSAA 2006-1
and SunTrust Mortgage, Inc.
Dated June 8, 2018

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Dated June 8, 2018
Kim Gilbert Ebron
By: _/s/ Diana S Ebron__________________
Diana S. Ebron
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Phone: [phone]
Fax: [phone]
Attorneys for Defendant SFR Investments
Pool 1, LLC

Lipson Neilson Cole Seltzer & Garin PC
By: __/s/ Karen Kao______________________
J. William Ebert
Nevada Bar No. 2697
Karen Kao
Nevada Bar No. 14386
9900 Covington Cross Dr., Ste. 120
Las Vegas, NV 89144
702-382-1500
Attorneys for Defendant San Marino
Property Owners Association

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED: 6/11/2018
LVEGAS 55969-24 230028v1

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