U.S. Bank National Association v. Ou et al

Filing 122

ORDER Granting 121 Stipulation to extend post-remand discovery. Discovery due by 5/15/2023. Signed by Magistrate Judge Elayna J. Youchah on 3/10/2023. (Copies have been distributed pursuant to the NEF - LOE)

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for U.S. Bank National Association, as
Trustee, in Trust for the Benefit of the Holders
of Bayview Opportunity Master Fund IVA
REMIC Trust 2016-17NPL3 Beneficial Interest
Certificates, Series 2016-17NPL3

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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, IN TRUST FOR THE BENEFIT OF
THE
HOLDERS
OF
BAYVIEW
OPPORTUNITY MASTER FUND IVA REMIC
TRUST
2016-17NPL3
BENEFICIAL
INTEREST CERTIFICATES, SERIES 201617NPL3,

Case No.: 2:17-cv-01354-APG-EJY

STIPULATION AND ORDER TO EXTEND
POST-REMAND DISCOVERY
(FIRST REQUEST)

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Plaintiff,
vs.
ZILIAN OU; SFR INVESTMENTS POOL 1,
LLC; ARLINGTON WEST TWILIGHT
HOMEOWNERS
ASSOCIATION;
DOE
INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,
Defendants.

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69112189;1

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Plaintiff U.S. Bank National Association, as Trustee, in Trust for the Benefit of the Holders

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of Bayview Opportunity Master Fund IVA REMIC Trust 2016-17NPL3 Beneficial Interest

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Certificates, Series 2016-17NPL3 and defendant SFR Investments Pool 1, LLC file this stipulation

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to request the court to extend the close of discovery by sixty days. This is the parties' first request

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for an extension of the current discovery deadlines.

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I.

INTRODUCTION.

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This case was remanded from the Ninth Circuit Court of Appeals on June 22, 2022. The

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parties are conducting additional discovery on the remaining issue. ECF No. 117. The preliminary

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injunction appeal is scheduled for oral argument before the Ninth Circuit on May 12, 2023, and a

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decision is expected this summer. The parties are cooperating with one another and need additional

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time to disclose documents, take additional depositions, and respond to written discovery.

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II.

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STATEMENT SPECIFYING THE DISCOVERY COMPLETED.
On December 15, 2022, the court re-opened discovery for ninety days with a discovery cut-

off of March 15, 2023. ECF No. 117.

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The following discovery has been completed:

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1.

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requests for production of documents and post-remand interrogatories on January 13, 2023.

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U.S. Bank served SFR with post-remand requests for admission, post-remand

2.

SFR served its answers to U.S. Bank's post-remand request for admissions on March

1, 2023. BANA provided an extension for SFR to respond to the remaining written discovery.

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3.

The deposition of U.S. Bank occurred on March 8, 2023.

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4.

U.S. Bank served post-remand disclosures on March 7, 2023.

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5.

U.S. Bank served first supplemental post-remand disclosures on March 9, 2023.

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6.

Both U.S. Bank and SFR have diligently reviewed prior HOA foreclosure lawsuits,

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which is a substantial task given the number of such suits.
III.

SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN COMPLETED.
1.

SFR's responses to U.S. Bank's post-remand requests for production of documents

and post-remand interrogatories.
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Depositions of SFR and Bank of America, N.A.
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3.

Discovery following the deposition of U.S. Bank.

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4.

The parties reserve the right to conduct additional discovery.

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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IV.

REASON WHY EXTENSION IS REQUIRED / GOOD CAUSE.

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SFR served a deposition subpoena on Bank of America. Bank of America recently retained

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Akerman LLP as counsel. Akerman is working cooperatively with SFR to reschedule the deposition

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in mid to late April (previously scheduled on March 7, 2023). SFR requires the deposition to

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support its position that U.S. Bank's lawsuit was untimely.

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U.S. Bank served a deposition notice of SFR. U.S. Bank and SFR agreed to reschedule the

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deposition on or about the same day as the Bank of America deposition (previously scheduled on

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March 7, 2023). U.S. Bank requires the deposition of SFR to support its position that the lawsuit

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was timely.

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SFR needs additional time to review prior HOA quiet title lawsuits for production. U.S.

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Bank produced prior quiet title lawsuits, but intends to perform additional searches to ascertain

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whether additional suits should be identified. This process has been very time consuming, on top of

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the litany of quiet title lawsuits undersigned counsel are litigating (some with each other). SFR also

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needs additional time to respond to written discovery.

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U.S. Bank and SFR also request additional time to conduct discovery following the
deposition of U.S. Bank on March 8, 2023.

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U.S. Bank and SFR have been busy filing appellate briefs and other papers in the Ninth

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Circuit in the preliminary injunction appeal and are currently preparing for oral argument on May

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12, 2023.

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The parties are requesting a sixty-day extension for these reasons. Pursuant to LR 26-3, these

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reasons constitute good cause.

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. . .
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Discovery deadline: May 15, 2023.

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DATED this 10th day of March, 2023.

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AKERMAN LLP

HANKS LAW GROUP

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/s/ Scott R. Lachman
ARIEL STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Karen L. Hanks
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

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AKERMAN LLP

PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY.

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

V.

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Attorneys for SFR Investments Pool 1, LLC

Attorneys for U.S. Bank National Association,
as Trustee, in Trust for the Benefit of the
Holders of Bayview Opportunity Master Fund
IVA REMIC Trust 2016-17NPL3 Beneficial
Interest Certificates, Series 2016-17NPL3

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IT IS SO ORDERED.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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March 10, 2023
DATED: _________________________________

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