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

Filing 33

ORDER Granting 32 Third Stipulation to Extend Discovery Deadlines. Discovery due by 7/13/2018. Motions due by 8/13/2018. Proposed Joint Pretrial Order due by 9/12/2018. Signed by Magistrate Judge Nancy J. Koppe on 4/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

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Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Blakeley E. Griffith, Esq.
Nevada Bar No. 12386
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [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
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 8950 1
775.785 .5440

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EDYTA GRYGLAK, formerly known as
EDYTA A. FROMKIN,

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

Plaintiff,

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vs.

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

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,

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(THIRD REQUEST)

Defendants.

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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.; WELLS FARGO BANK, N.A. (“Wells Fargo”); AND WELLS FARGO ASSET
SECURITIES CORPORATION (collectively “Defendants”) and Plaintiff Edyta Gryglak
(“Plaintiff” and together with Defendants, the “Parties”) by and through their counsel, hereby
stipulate and request that this Court extend the remaining discovery deadlines in the abovecaptioned case by sixty (60) days. The current close of discovery is May 14, 2018, and the
Parties seek an extension to July 13, 2018.

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

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Stipulation, the Parties state as follows.

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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

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

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

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have multiple out-of-town doctor appointments and required surgery. This unexpected medical

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issue caused the parties to request the second extension for discovery. Now, Ms. Griffith has

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returned from FMLA leave and is getting back up to speed on this case while Ms. McBee is now

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out on FMLA leave. Previously, the parties intended to respond to all written discovery by April

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Snell & Wilmer

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

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L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 8950 1
775.785 .5440

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6, 2018 and have depositions take place in April. However, due to the Parties’ schedules they

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were unable to schedule the depositions in April and these have been scheduled for early May

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instead. A significant reason for the delay in scheduling these depositions is Wells Fargo’s

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extensive witness schedule. In Nevada alone, Wells Fargo is currently providing witnesses for

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hundreds of depositions. The Parties have worked together to schedule the depositions of Wells

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Fargo for May 11, 2018 and Mrs. Gryglak for May 15, 2018. 1 However, in an abundance of

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caution, the Parties wish to extend discovery for an additional sixty (60) days in case any third

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party deposition is necessary after the depositions of Plaintiff and Wells Fargo. The Parties

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acknowledge that it is not typical to have three extensions of discovery and do not seek such an

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extension lightly. Unfortunately, due to the circumstances noted above it has been necessary in

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this case.

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

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having recently been ruled on and written discovery propounded by all Parties. Further, Plaintiff

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recently filed a Motion for Reconsideration and Defendants’ opposition is due on April 16, 2018.

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Extending the close of discovery and dispositive motion deadlines will allow additional time for

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counsel to take the depositions and schedule any further depositions if necessary.

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This is one day after the present close of discovery.
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4811-7747-2609

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

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

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consents to the requested extension. Finally, the Parties are only requesting an extension of the

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

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be extended, as detailed below.

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B.

DISCOVERY COMPLETED TO DATE

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The following discovery has been completed:

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1.

Defendants responded to Plaintiff’s written discovery on March 23, 2018.

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2.

Plaintiff will respond to Defendant’s written discovery on April 20, 2018.

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3.

The Parties have scheduled depositions of the Plaintiff for May 15, 2018 and of

Snell & Wilmer

Wells Fargo for May 11, 2018.

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L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 8950 1
775.785 .5440

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C.

DISCOVERY THAT REMAINS TO BE COMPLETED

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The following discovery remains to be completed:

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1.

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Plaintiff’s deposition, which is scheduled for May 15, 2018 and Wells Fargo’s

deposition which is scheduled for May 11, 2018.
2.

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Any third party depositions or depositions of other Defendants other than Wells

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Fargo, which arise after the depositions of Wells Fargo and the Plaintiff.

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D.

Accordingly, the Parties propose the following schedule:

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Event
Dispositive Motions
Close of Discovery
Joint Pretrial Order

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PROPOSED SCHEDULE

Current Deadline
June 15, 2018
May 14, 2018
July 16, 2018

Proposed New Deadline
August 13, 2018
July 13, 2018
September 12, 2018

Dated: April 12, 2018.

Dated: April 12, 2018.

SNELL & WILMER L.L.P.

VEGAS WEST ATTORNEYS

By:

By:
/s/ Boris Avramski
Boris Avramski (NV Bar No. 11350)
5594 S. Fort Apache Road, Suite 120
Las Vegas, NV 89148
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Stree t, Suite 510
Reno, Nevada 8950 1
775.785 .5440

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/s/ Blakeley E. Griffith
Amy F. Sorenson (NV Bar No. 12495)
Blakeley E. Griffith (NV Bar No. 12386)
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

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ORDER
IT IS SO ORDERED.

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April 12, 2018
DATED: ________________

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________________________________________
UNITED STATES MAGISTRATE JUDGE

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