Day v. Longvue Mortgage Capital Inc., et al

Filing 50

ORDER granting 49 Stipulation. Discovery due by 5/11/2019. Motions due by 6/11/2019. Signed by Magistrate Judge Carl W. Hoffman on 4/8/2019. (Copies have been distributed pursuant to the NEF - MMM)

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GARMAN TURNER GORDON LLP
ERIC R. OLSEN
Nevada Bar No. 3127
Email: [e-mail]
ANDREW P. DUNNING
Nevada Bar No. 13864
Email: [e-mail]
650 White Drive, Suite 100
Las Vegas, Nevada 89119
Tel: [phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.

RANDOLPH DAY,

2:17-cv-01596-JAD-CWH

STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

Plaintiff,
v.

[THIRD REQUEST]

LONGVUE MORTGAGE CAPITAL INC.,
as Trustee for WESTSVUE NPL TRUST II;
FIRST AMERICAN SOLUTIONS, LLC and
DOES I-X; and ROE Corporations I-X,
inclusive,

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Defendants.

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Plaintiff Randolph Day (“Plaintiff”) and Defendant, Long Vue Mortgage Capital, Inc., as

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Trustee for WestVue NPL Trust II (“Defendant”) (collectively the “Parties”) by and through

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their respective counsels of record, hereby submit the following Stipulation and Order to extend

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discovery deadlines for 30 days.

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A.

DISCOVERY COMPLETED TO DATE:

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Defendant served its Initial Disclosure of Witnesses and Documents on September 7,

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2018. On November 28, 2018, Defendant served written discovery and noticed the deposition of

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Plaintiff for January 8, 2019. Plaintiff responded to Defendant’s written discovery on December

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31, 2018. On January 4, 2019, Defendants served supplemental disclosures. Plaintiff served

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written discovery on or about January 15, 2019, and Defendants responded on February 28,

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2019.

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Garman Turner Gordon
650 White Dr., Suite 100
Las Vegas, Nevada 89119
[phone]

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Defendant served its Second Supplemental Disclosure of Witnesses and Documents on

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March 7, 2019, and deposed Plaintiff on March 8, 2019.

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B.

DISCOVERY ANTICIPATED TO BE COMPLETED IN THE FUTURE:

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1.

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2019;

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2.

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Thursday, April 25, 2019;

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3.

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scheduled; and
4.

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Deposition of non-party Mary Day, currently scheduled for Tuesday, April 9,

Deposition of Defendant’s FRCP 30(b)(6) designee, currently scheduled for

In-person inspection of LongVue collateral file and related documentation, to be

Subpoenas duces tecum for the following entities and individuals:

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a.

Flagstar Bank;

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b.

First American Trustee Servicing Solutions, LLC;

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c.

Northwest Trustee Services;

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d.

FCI Lender Services, Inc.; and

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e.

Sharon Morgan.

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C.

REASONS WHY DISCOVERY SHOULD BE EXTENDED:

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Good cause exists to extend the April 11, 2019, discovery deadline by an additional 30

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days. The Parties request an extension because discovery cannot be reasonably concluded

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despite the Parties’ diligence to date. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,

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608-09 (9th Cir. 1992). After Plaintiff’s March 8, 2019, deposition, Defendant noticed the

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deposition of non-party Mary Day. Furthermore, the Parties agreed to schedule the Deposition

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of Defendants’ FRCP 30(b)(6) designee to April 25, 2019, beyond the current discovery

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deadline. Finally, the Parties are ascertaining the necessity of third-party subpoenas duces

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tecum, and supplemental disclosures relating to the same.

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The Parties further agree that they need to complete outstanding discovery to properly

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resolve this matter on the merits, beginning with dispositive motions. See Nelson v. Safeco Ins.

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Co. of Illinois, 2011 WL 13848, at *2 (D. Nev. Jan. 4, 2011). This is the Parties’ third request

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for an extension of discovery, and the Parties anticipate that no further extensions will be

Garman Turner Gordon
650 White Dr., Suite 100
Las Vegas, Nevada 89119
[phone]

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necessary. Again, the Parties seek a modest, 30-day extension, and do not intend to cause any

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undue delay or prejudice. Consequently, good cause exists under Rule 16(b)(4) to modify the

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current discovery schedule.

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Although the Parties make this request within 21 days of the current discovery deadline,

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the request is permissible. See LR 26-4 (“A motion or stipulation to extend a deadline set forth

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in a discovery plan must be received by the court no later than 21 days before the expiration of

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the subject deadline.”). First, the Parties do not ask to reopen any lapsed discovery deadline (e.g.

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expert deadlines) at this time, and the current April 11, 2019, discovery cutoff has not passed.

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Second, to the extent the requested extension is required to timely request, obtain, and exchange

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outstanding discovery, the extension is necessitated by mere excusable neglect: logistical issues

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associated with prospective deposition scheduling and disclosures support a common-sense

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extension. Bateman v. U.S. Postal Service, 231 F.3d 1220, 1223–24 (9th Cir. 2000) (citing

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Pioneer Investment Services Co. v. Brunswick Assoc. Ltd. Partnership, 507 U.S. 380, 395 (1993)

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and noting that “[t]he determination of whether neglect is excusable is an equitable one that

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depends on at least four factors: (1) the danger of prejudice to the opposing party; (2) the length

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of the delay and its potential impact on the proceedings; (3) the reason for the delay; and (4)

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whether the movant acted in good faith.”).

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D.

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PROPOSED DISCOVERY EXTENSION:
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Current Discovery Schedule Per the March 6, 2019, Order (Docket No. 48):

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Deadline to complete discovery:

April 11, 2019

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Deadline to amend pleadings/add parties:

November 13, 2018

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Initial expert disclosures:

December 13, 2018

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Rebuttal expert disclosures:

January 14, 2019

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Dispositive motion deadline:

April 11, 2019

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Garman Turner Gordon
650 White Dr., Suite 100
Las Vegas, Nevada 89119
[phone]

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2.

Proposed Stipulated Discovery Schedule:

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Deadline to complete discovery:

May 11, 2019

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Deadline to amend pleadings/add parties:

November 13, 2018 (no change)

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Initial expert disclosures:

December 13, 2018 (no change)

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Rebuttal expert disclosures:

January 14, 2019 (no change)

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Dispositive motion deadline:

June 11, 2019

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DATED this 4th day of April, 2019.

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GARMAN TURNER GORDON LLP

WRIGHT FINLAY & ZAK, LLP

By: _/s/ Andrew P. Dunning____________
Eric R. Olsen
NV Bar No. 3127
Andrew P. Dunning
NV Bar No. 13864
650 White Drive, Suite 100
Las Vegas, NV 89119
Attorneys for Plaintiff

By:_/s/ Ramir M. Hernandez____________
Christopher A.J. Swift
NV Bar No. 11291
Ramir M. Hernandez
NV Bar No. 13146
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Defendant LongVue
Mortgage

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IT IS SO ORDERED:

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_________________________
UNITED STATES MAGISTRATE JUDGE

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April 8, 2019
DATED: _________________

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4831-0624-2448, v. 2

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Garman Turner Gordon
650 White Dr., Suite 100
Las Vegas, Nevada 89119
[phone]

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