Deutsche Bank National Trust v. Edward Kielty Trust et al

Filing 30

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)

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Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 1 of 5 1 2 3 4 5 6 7 8 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 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-17, ASSETBACKED CERTIFICATES SERIES 2006-17, 14 15 16 17 18 19 20 21 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. 22 23 24 EDWARD KIELTY TRUST, a Nevada Trust, 25 Counterclaimant, 26 27 28 vs. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR GSAA Page 1 of 5 Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 2 of 5 1 2 HOME EQUITY TRUST 2006-17, ASSETBACKED CERTIFICATES SERIES 2006-17, Counterdefendant. 3 4 5 COMES NOW Plaintiff/Counterdefendant, DEUTSCHE BANK NATIONAL TRUST 6 COMPANY, AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-17, ASSET- 7 BACKED 8 Defendant/Counterclaimant, EDWARD KIELTY TRUST (hereinafter “EKT”), and Defendant, 9 CANYON TRAILS HOMEOWNERS ASSOCIATION (“HOA”), by and through their 10 undersigned and respective counsel, and hereby stipulate and agree to a thirty (30) day 11 extension to the discovery deadline and dispositive motion deadline for the sole purpose of 12 deposing the HOA and Deutsche Bank. 13 I. CERTIFICATES SERIES 2006-17 (hereinafter “Deutsche”), DISCOVERY COMPLETED BY THE PARTIES 14 1. The HOA’s Initial Disclosures pursuant to F.R.C.P. 26(a); 15 2. EKT’s Initial Disclosures pursuant to F.R.C.P. 26(a); 16 3. Deutsche Bank’s Initial Disclosures pursuant to F.R.C.P. 26(a); 17 4. The HOA’s Interrogatories, Requests for Production, and Requests for 18 Admission to Deutsche Bank; 19 5. 20 Deutsche Bank; 21 6. Deutsche Bank’s Initial Expert Disclosure 22 7. The HOA’s Rebuttal Expert Disclosure 23 8. Deutsche Bank’s Interrogatories, Requests for Production, and Requests for 24 Kielty’s Interrogatories, Requests for Production, and Requests for Admission to Admission to the HOA and Kielty. 25 9. The deposition of EKT’s 30(b)(6) witness. 26 10. The deposition of HOA Trustee’s 30(b)(6) witness. 27 28 Page 2 of 5 Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 3 of 5 1 II. DISCOVERY TO BE COMPLETED IN THE FUTURE 2 1. 3 February 1, 2018. 4 2. 5 Deutsche Bank’s responses to the HOA’s Interrogatories, Requests for Production, and Requests for Admission, currently due on February 8, 2018. 6 7 The deposition of a witness for the HOA, originally scheduled to be held on 3. The HOA’s responses to Deutsche Bank’s Interrogatories, Requests for Production, and Requests for Admission, currently due on February 8, 2018. 8 4. 9 February 8, 2018. 10 III. The deposition of Deutsche Bank’s 30(b)(6) witness, currently scheduled for REASONS THAT DISCOVERY WAS NOT TIMELY COMPLETED 11 The parties seek an extension for the limited purpose of conducting depositions of the 12 FRCP Rule 30(b)(6) witness for the HOA and Deutsche Bank. A deposition of the HOA was 13 originally scheduled for February 1, 2018; however, due to an inadvertent mistake, it needs to 14 be rescheduled. In addition, the deposition of the 30(b)(6) witness for Deutsche Bank, currently 15 scheduled on the discovery cut-off date, needs to be rescheduled for a date after the close of 16 discovery due to scheduling conflicts of the witness. Based thereon, the parties are unable to 17 complete these depositions within the existing discovery deadline, which is currently on 18 February 2, 2018. 19 IV. REASONS WHY DISCOVERY SHOULD BE EXTENDED: 20 Regarding the requested extension of discovery, good cause exists to extend the 21 discovery deadline thirty (30) days for the limited purpose of deposing the HOA and Deutsche 22 Bank. Good cause to extend the discovery cutoff exists "if it cannot reasonably be met despite 23 the diligence of the party seeking the extension." See Johnson v. Mammoth Recreations, Inc., 24 975 F.2d 604, 608-09 (9th Cir. 1992). Here, Deutsche noticed the deposition of the HOA within 25 the discovery period, however the witness was able to attend, requiring the rescheduling of the 26 deposition. Additionally, due to scheduling conflicts, the FRCP 30(b)(6) witness cannot appear 27 for deposition until after the current discovery deadline. 28 Page 3 of 5 Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 4 of 5 1 2 3 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: 4 1. Discovery cut-off: currently February 8, 2018, desired March 12, 2018. 5 2. Dispositive Motions: currently March 12, 2018, desired April 11, 2018. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 4 of 5 Case 2:17-cv-01759-RFB-PAL Document 29 Filed 02/07/18 Page 5 of 5 1 VI. CERTIFICATE OF CONFERENCE 2 Counsel for all appearing parties has conferred in-person with respect to these issues. All 3 counsel have signed below, thereby indicating their approval of the instant Stipulation to Extend 4 Discovery and Dispositive Motion Deadline and do not request a conference before the Court 5 prior to entry of a new Scheduling Order. This is the parties’ first request for an extension and is 6 not intended to cause any delay or prejudice to any party. 7 DATED this 7th day of February, 2018. DATED this 7th day of February, 2018. 8 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 14 __/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 15 DATED this 7th day of February, 2018. 16 LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. 9 10 11 12 13 17 18 19 20 21 22 23 ______ /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 24 25 IT IS SO ORDERED. 26 DATED this 9th day of February, 2018. 27 28 ____________________________________ UNITED STATES MAGISTRATE JUDGE Page 5 of 5

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