Garcia v. Specialized Loan Servicing LLC et al

Filing 32

ORDER granting 31 Stipulation to Extend Discovery. Motions due by 5/4/2018. Proposed Joint Pretrial Order due by 6/4/2018. Signed by Magistrate Judge Cam Ferenbach on 4/3/2018. (Copies have been distributed pursuant to the NEF - MMM)

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JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Counsel for Defendant
Specialized Loan Servicing, LLC

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UNITED STATES DISTRICT COURT

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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DISTRICT OF NEVADA
TROY A. GARCIA,

Case No.: 2:17-cv-01721-RFB-VCF
Plaintiff,

v.
SPECIALIZED LOAN SERVICING LLC;
AMERICAN HONDA FINANCE CORP.;
TOYOTA FINANCIAL SERVICES; WELLS
FARGO CARD SERVICES; EQUIFAX
INFORMATION SERVICES, LLC,

STIPULATION FOR EXTENSION OF
TIME
SECOND REQUEST

Defendants.

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Pursuant to LR 6-1 and LR 26-4, Plaintiff Troy A. Garcia (“Plaintiff”), and Defendant

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Specialized Loan Servicing, LLC (“SLS”), by and through their respective counsel of record,

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hereby stipulate and request that this Court extend the dispositive motion deadline and deadline to

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file pre-trial order, by thirty (30) days. At this time, the parties are not seeking an extension of

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any other discovery deadlines but reserve the right to request in the future. In support of this

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Stipulation and Request, the parties state as follows:

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A.

DISCOVERY COMPLETED TO DATE

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Presently, the active parties to this case are Plaintiff and Specialized Loan Servicing, LLC

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(“SLS”), and as such, the recitation of discovery shall be with respect to Plaintiff and SLS.

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On October 6, 2017 Plaintiff served his initial disclosures;

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On October 27, 2017 SLS served its initial disclosures;

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On November 17, 2017 Plaintiff served his First Supplemental Disclosures;

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On January 30, 2018 SLS served Request for Admissions, Request for Production of

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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Documents and Interrogatories on Plaintiff;
On January 31, 2018 Plaintiff served Request for Admissions, Request for Production and
Interrogatories of Documents on SLS;
On March 1, 2018 SLS served responses to Request for Admissions, Request for
Production of Documents and Interrogatories, and Supplemental Disclosures;
On March 5, 2018 Plaintiff served responses to Request for Admissions, Request for
Production of Documents and Interrogatories and Second and Third Supplemental Disclosures.

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On March, 5, 2018 Plaintiff completed the 30(b)(6) deposition of SLS.

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On March 9, 2018 SLS completed the deposition of Plaintiff.

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Specific Description of Discovery that Remains to be Completed

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No additional discovery is needed. However, the parties did not receive all

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transcripts from the depositions completed in early March 2018 until late March 2018 and the

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deadline for deponents to note any revisions to their depositions has not expired, preventing

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preparation of dispositive motions. Additionally, a motion to dismiss Plaintiff’s complaint

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remains pending before the Court.

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C.

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The parties aver, pursuant to LR 6-1 and LR 26-4, that good cause exists for the requested

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extension. At this juncture, discovery has closed in this matter. The parties previously stipulated

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to extend pretrial deadlines to allow the completion of discovery. While the parties specifically

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requested accelerated delivery of the deposition transcript and had anticipated having the

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deposition transcripts with adequate time to prepare and submit dispositive motions, the

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transcripts were not delivered as early as anticipated. The requested extension of the dispositive

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motion deadline is to permit review of final deposition transcripts and prepare appropriate

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dispositive motions. The parties are bringing this request now because they did not know at least
LV 421121436v1

Reasons Why the Remaining Discovery Was Not Completed

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twenty-one (21) days prior to the pending dispositive motion deadline that the deposition

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transcripts would be delayed in delivery and if the Court would enter a ruling prior to the current

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dispositive motion deadline.

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In order to have the necessary time to review the deposition transcripts and prepare

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dispositive motions, the parties request a thirty (30) day extension of the dispositive motion

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deadline, as well as the deadline to file a pre-trial order. This is their first request to extend the

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deadline to file dispositive motions and a pre-trial order.

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D.

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Event

Proposed Discovery Deadlines
Current Deadline

Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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Proposed New
Deadline

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Close of Discovery

Expired

Same

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Deadline to Amend Pleadings

Expired

Same

Deadline to Disclose Initial
Experts

Expired

Same

Deadline to Disclose Rebuttal
Experts

Expired

Same

Dispositive Motions

April 4, 2018

May 4, 2018

Pre-Trial Order

May 4, 2018

June 4, 2018 1

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30 days (June 3, 2018) is a Sunday.

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IT IS SO STIPULATED.

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DATED this 2nd day of April, 2018.

DATED this 2nd day of April, 2018

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GREENBERG TRAURIG, LLP

KNEPPER & CLARK LLC

/s/
Michael Hogue
JACOB D. BUNDICK, ESQ.
Nevada Bar No. 9772
MICHAEL HOGUE, ESQ.
Nevada Bar No. 12400
3773 Howard Hughes Parkway, Suite 400 N
Las Vegas, NV 89169
Counsel for Defendant
Specialized Loan Servicing, LLC

/s/ Miles Clark
MATTHEW I. KNEPPER, ESQ.
Nevada Bar No. 12796
MILES N. CLARK, ESQ.
Nevada Bar No. 13848
10040 W. Cheyenne Avenue, Suite 170-109
Las Vegas, NV 89129

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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DAVID H. KRIEGER, ESQ.
HAINES & KRIEGER, LLC
Nevada Bar No. 9086
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
Counsel for Plaintiff Troy A. Garcia

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SCHEDULING ORDER

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The above-set stipulated Discovery Plan of the parties shall be the Scheduling Order for this

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action pursuant to Federal Rule of Civil Procedure 16(b) and Local Rule 16-1.

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IT IS SO ORDERED

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________________________________________

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United States Magistrate Judge

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4-3-2018
Dated: ________________

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Case 2:17-cv-01721-RFB-VCF Document 31 Filed 04/02/18 Page 5 of 5

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CERTIFICATE OF SERVICE

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Pursuant to Fed. R. Civ. P. 5(b), 45, I hereby certify that on April 2, 2018, a copy of the

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foregoing STIPULATION FOR EXTENSION OF TIME (SECOND REQUEST) was filed

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electronically via the Court’s CM/ECF system. Notice of filing will be served on all parties by

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operation of the Court’s CM/ECF filing system, and parties may access this filing through the

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Court’s CM/ECF system.

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Greenberg Traurig, LLP
Suite 400 North, 3773 Howard Hughes Parkway
Las Vegas, Nevada 89169
[phone]
[phone] (fax)

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Attorneys for Plaintiff, Troy A. Garcia
Matthew I. Knepper, Esq.
Miles N. Clark, Esq.
Knepper & Clark
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
[e-mail]
[e-mail]
David H. Krieger
Haines & Krieger, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
[e-mail]
Attorneys
for
Equifax
Information
Services, LLC
Bradley T. Austin
Snell & Wilmer LLP
3883 Howard Hughes Pkwy, Suite 1100
Las Vegas, NV 89169
[e-mail]

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Natalie Young
An employee of GREENBERG TRAURIG, LLP

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