Deutsche Bank National Trust v. Edward Kielty Trust et al
Filing
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ORDER Granting 27 Stipulation to Extend Discovery (First Request). Discovery due by 3/12/2018. Motions due by 4/11/2018. Signed by Magistrate Judge Peggy A. Leen on 2/9/2018. (Copies have been distributed pursuant to the NEF - SLD)
Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 1 of 5
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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Lindsay D. Robbins, Esq.
Nevada Bar No. 13474
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Phone: (702) 475-7964; Fax: (702) 946-1345
dnitz@wrightlegal.net
lrobbins@wrightlegal.net
Attorneys for Plaintiff/Counterdefendant Deutsche Bank National Trust Company, as Trustee for
GSAA Home Equity Trust 2006-17, Asset-Backed Series 2006-17
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR GSAA
HOME EQUITY TRUST 2006-17, ASSETBACKED CERTIFICATES SERIES 2006-17,
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Case No.: 2:17-CV-01759-RFB-PAL
STIPULATION AND ORDER TO
EXTEND DISCOVERY FOR THE SOLE
PURPOSE OF TAKING DEPOSITIONS
Plaintiff,
(First Request)
vs.
EDWARD KIELTY TRUST; an entity of
unknown form; CANYON TRAILS
HOMEOWNERS ASSOCIATION, a Nevada
non-profit corporation; TERRA WEST
COLLECTIONS GROUP, LLC d/b/a
ASSESSMENT MANAGEMENT SERVICES;
DOE INDIVIDUALS 1 through X; and ROE
CORPORATIONS I through X, inclusive,
Defendants.
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EDWARD KIELTY TRUST, a Nevada Trust,
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Counterclaimant,
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vs.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR GSAA
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Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 2 of 5
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HOME EQUITY TRUST 2006-17, ASSETBACKED CERTIFICATES SERIES 2006-17,
Counterdefendant.
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COMES NOW Plaintiff/Counterdefendant, DEUTSCHE BANK NATIONAL TRUST
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COMPANY, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-17, ASSET-
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BACKED
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Defendant/Counterclaimant, EDWARD KIELTY TRUST (hereinafter “EKT”), and Defendant,
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CANYON TRAILS HOMEOWNERS ASSOCIATION (“HOA”), by and through their
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undersigned and respective counsel, and hereby stipulate and agree to a thirty (30) day
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extension to the discovery deadline and dispositive motion deadline for the sole purpose of
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deposing the HOA and Deutsche Bank.
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I.
CERTIFICATES
SERIES
2006-17
(hereinafter
“Deutsche”),
DISCOVERY COMPLETED BY THE PARTIES
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1.
The HOA’s Initial Disclosures pursuant to F.R.C.P. 26(a);
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2.
EKT’s Initial Disclosures pursuant to F.R.C.P. 26(a);
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3.
Deutsche Bank’s Initial Disclosures pursuant to F.R.C.P. 26(a);
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4.
The HOA’s Interrogatories, Requests for Production, and Requests for
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Admission to Deutsche Bank;
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5.
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Deutsche Bank;
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6.
Deutsche Bank’s Initial Expert Disclosure
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7.
The HOA’s Rebuttal Expert Disclosure
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8.
Deutsche Bank’s Interrogatories, Requests for Production, and Requests for
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Kielty’s Interrogatories, Requests for Production, and Requests for Admission to
Admission to the HOA and Kielty.
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9.
The deposition of EKT’s 30(b)(6) witness.
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10.
The deposition of HOA Trustee’s 30(b)(6) witness.
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Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 3 of 5
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II.
DISCOVERY TO BE COMPLETED IN THE FUTURE
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1.
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February 1, 2018.
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2.
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Deutsche Bank’s responses to the HOA’s Interrogatories, Requests for
Production, and Requests for Admission, currently due on February 8, 2018.
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The deposition of a witness for the HOA, originally scheduled to be held on
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The HOA’s responses to Deutsche Bank’s Interrogatories, Requests for
Production, and Requests for Admission, currently due on February 8, 2018.
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4.
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February 8, 2018.
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III.
The deposition of Deutsche Bank’s 30(b)(6) witness, currently scheduled for
REASONS THAT DISCOVERY WAS NOT TIMELY COMPLETED
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The parties seek an extension for the limited purpose of conducting depositions of the
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FRCP Rule 30(b)(6) witness for the HOA and Deutsche Bank. A deposition of the HOA was
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originally scheduled for February 1, 2018; however, due to an inadvertent mistake, it needs to
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be rescheduled. In addition, the deposition of the 30(b)(6) witness for Deutsche Bank, currently
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scheduled on the discovery cut-off date, needs to be rescheduled for a date after the close of
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discovery due to scheduling conflicts of the witness. Based thereon, the parties are unable to
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complete these depositions within the existing discovery deadline, which is currently on
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February 2, 2018.
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IV.
REASONS WHY DISCOVERY SHOULD BE EXTENDED:
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Regarding the requested extension of discovery, good cause exists to extend the
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discovery deadline thirty (30) days for the limited purpose of deposing the HOA and Deutsche
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Bank. Good cause to extend the discovery cutoff exists "if it cannot reasonably be met despite
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the diligence of the party seeking the extension." See Johnson v. Mammoth Recreations, Inc.,
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975 F.2d 604, 608-09 (9th Cir. 1992). Here, Deutsche noticed the deposition of the HOA within
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the discovery period, however the witness was able to attend, requiring the rescheduling of the
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deposition. Additionally, due to scheduling conflicts, the FRCP 30(b)(6) witness cannot appear
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for deposition until after the current discovery deadline.
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V.
PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY
The parties propose that all dates in the current Stipulated Discovery Plan and Scheduling
Order, filed on October 6, 2017, be amended as follows:
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1. Discovery cut-off: currently February 8, 2018, desired March 12, 2018.
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2. Dispositive Motions: currently March 12, 2018, desired April 11, 2018.
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VI.
CERTIFICATE OF CONFERENCE
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Counsel for all appearing parties has conferred in-person with respect to these issues. All
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counsel have signed below, thereby indicating their approval of the instant Stipulation to Extend
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Discovery and Dispositive Motion Deadline and do not request a conference before the Court
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prior to entry of a new Scheduling Order. This is the parties’ first request for an extension and is
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not intended to cause any delay or prejudice to any party.
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DATED this 7th day of February, 2018.
DATED this 7th day of February, 2018.
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WRIGHT, FINLAY & ZAK, LLP
AYON LAW, PLLC
__/s/ Allison R. Schmidt, Esq. for
Luis A. Ayon, Esq.
9205 West Russell Road
Building 3, Suite 240
Las Vegas, Nevada 89148
Attorneys for Edward Kielty Trust
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__/s/ Lindsay D. Robbins, Esq.__________
Lindsay D. Robbins, Esq.
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Deutsche Bank National Trust
Company, as Trustee for GSAA Home Equity
Trust 2006-17, Asset-Backed Series 2006-17
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DATED this 7th day of February, 2018.
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LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.
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______
/s/ David A. Markman, Esq.
J. William Ebert, Esq.
Nevada Bar No. 2697
David A. Markman, Esq.
Nevada Bar No. 12440
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorney for Canyon Trails Homeowners
Association
ORDER
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IT IS SO ORDERED.
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DATED this 9th day of February, 2018.
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____________________________________
UNITED STATES MAGISTRATE JUDGE
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