Gryglak v. HSBC Bank USA, N.A., et al

Filing 27

ORDER Granting 26 Second Stipulation to Extend Discovery Deadlines. Discovery due by 5/14/2018. Motions due by 6/15/2018. Proposed Joint Pretrial Order due by 7/16/2018. Signed by Magistrate Judge Nancy J. Koppe on 3/9/2018. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6
7
8
9
10

Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Nathan G. Kanute, Esq.
Nevada Bar No. 12413
Jennifer L. McBee, Esq.
Nevada Bar No. 9110
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for HSBC Bank USA, N.A., as Trustee for
Wells Fargo Home Equity Asset-Backed Certificates,
Series 2006-3, by its Attorney-in-fact Wells Fargo
Bank, N.A., Wells Fargo Bank, N.A., and Wells
Fargo Asset Securities Corporation

LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

Snell & Wilmer
L.L.P.

11
UNITED STATES DISTRICT COURT

12

DISTRICT OF NEVADA

13
14
15

EDYTA GRYGLAK, formerly known as
EDYTA A. FROMKIN,
Plaintiff,

16
17

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

vs.

18

Case No.: 2:17-cv-01514-JCM-NJK

HSBC BANK USA, N.A., as trustee for
WELLS FARGO HOME EQUITY
ASSET-BACKED CERTIFICATES, Series
2006-3, by its Attorney-in-fact WELLS
FARGO BANK, N.A.; WELLS FARGO
BANK, N.A.; and WELLS FARGO
ASSET SECURITIES CORPORATION,

19
20
21

(Second Request)

Defendants.

22
23
24
25
26
27
28

Pursuant to LR 7-1 and LR 26-4, Plaintiff Edyta Gryglak (“Plaintiff”) and Defendants
HSBC Bank USA, N.A., as Trustee for Wells Fargo Home Equity Asset-Backed Certificates,
Series 2006-3, by its Attorney-in-fact Wells Fargo Bank, N.A. (“HSBC”); Wells Fargo Bank,
N.A. (“Wells Fargo”); and Wells Fargo Asset Securities Corporation (“WFASC”, collectively
with HSBC and Wells Fargo, “Defendants”) (collectively with Plaintiff, the “Parties”), by and
through their counsel, and in light of the Court’s recent ruling on Defendants’ motion to dismiss

4842-6117-0271

1

and counsel for Defendants’ medical issues, hereby stipulate and request that this Court extend

2

the remaining discovery deadlines in the above-captioned case by a modest forty-five (45) days.

3

The current close of discovery is March 29, 2018, and the Parties seek an extension to May 14,

4

2018.

5

This is the Parties’ Second Request to extend the discovery deadlines. In support of this

6

Stipulation, the Parties state as follows.

7

A.

REASONS WHY REMAINING DISCOVERY WAS NOT COMPLETED

taken the lead in litigating this case on behalf of Defendants, but was on leave pursuant to the

10

Family Medical Leave Act (“FMLA”) through March 25, 2018. Unfortunately, counsel that took

11
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

As previously noted to the Court, Defendants’ counsel Blakeley E. Griffith, Esq., had

9

Snell & Wilmer
L.L.P.

8

her place as lead, Jennifer L. McBee, Esq., recently had a health diagnosis in February that has

12

required her to have multiple out-of-town doctor appointments and will require surgery shortly.

13

This unexpected medical issue has not allowed Ms. McBee to complete the written discovery

14

requests that she anticipated getting done shortly after the last extension request to this Court. The

15

undersigned has recently stepped in as lead for Defendants until Ms. Griffith returns at the end of

16

March 2018. The undersigned is getting up to speed on this matter and is preparing responses to

17

Plaintiff’s written discovery requests.

18

The Parties have agreed that Defendants will respond to Plaintiff’s written discovery on or

19

before March 23, 2018 and Plaintiff will respond to Defendants’ written discovery on or before

20

April 6, 2018. The Parties will also work together to set deposition dates establish dates for all

21

depositions to take place in April.

22

The Parties have been working diligently to litigate this action, with a dispositive motion

23

having recently been ruled on and written discovery propounded by all Parties. Extending the close

24

of discovery and dispositive motion deadlines will allow additional time for counsel to finalize

25

written discovery responses in advance of depositions that will be scheduled.

26

The Parties do not seek an extension for any improper purpose, or for the purpose of

27

delay. Additionally, an extension of time will not prejudice the Parties, as all counsel explicitly

28

consents to the requested extension. Finally, the Parties are only requesting an extension of the
-24842-6117-0271

1

close of discovery, dispositive motions, and the joint pretrial order, and request that these deadlines

2

be extended, as detailed below.

3

B.

DISCOVERY COMPLETED TO DATE

4

The following discovery has been completed:

5

1.

6

Plaintiff served written discovery requests on Defendants on or about December
21, 2017.

7

2.

Defendants served written discovery on Plaintiff on or about January 10, 2018.

8

3.

The Parties are working to schedule depositions.

9

C.

DISCOVERY THAT REMAINS TO BE COMPLETED

LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

The following discovery remains to be completed:

11

Snell & Wilmer
L.L.P.

10

1.

The Parties must respond to written discovery requests.

12

2.

The Parties intend to notice all depositions for April 2018.

13

///

14

///

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
-34842-6117-0271

1

D.

2

Accordingly, the Parties propose the following schedule:

3

Event
Close of Discovery
Dispositive Motions
Joint Pretrial Order

4
5
6
7

PROPOSED SCHEDULE

Current Deadline
March 29, 2018
April 28, 2018
May 28, 2018

Proposed New Deadline
May 14, 2018
June 15, 2018
July 16, 2018

Dated: March 8, 2018.

Dated: March 8, 2018.

SNELL & WILMER L.L.P.

AVRAMSKI LAW, PC

By:

By:
/s/ Boris Avramski
Boris Avramski (NV Bar No. 11350)
602 So. 10th Street
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff

8
9
10

LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

Snell & Wilmer
L.L.P.

11
12
13
14

/s/ Nathan G. Kanute
Amy F. Sorenson (NV Bar No. 12495)
Nathan G. Kanute (NV Bar No. 12413)
Jennifer L. McBee (NV Bar No. 9110)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Attorneys for HSBC Bank USA, N.A., as Trustee
for Wells Fargo Home Equity Asset-Backed
Certificates, Series 2006-3, by its Attorney-in-fact
Wells Fargo Bank, N.A., Wells Fargo Bank, N.A.,
and Wells Fargo Asset Securities Corporation

15
16
17
18

ORDER
IT IS SO ORDERED.

19
March 9, 2018
DATED: ________________

20
21

________________________________________
UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28

-44842-6117-0271