Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC et al

Filing 36

ORDER Granting 35 Stipulation re Discovery Deadlines. Discovery due by 2/18/2018. Motions due by 3/30/2018. Signed by Magistrate Judge Cam Ferenbach on 2/5/2018. (Copies have been distributed pursuant to the NEF - MMM)

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Ace C. Van Patten, Esq.
Nevada Bar No. 11731
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff/Counterdefendant/Cross Defendant Deutsche Bank National Trust
Company, as Trustee for, Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through
Certificates, Series 2004-R8, Whose Address is 1761 East St. Andrew Place, Santa Ana, CA
92705-4934,Its Successors or Assigns

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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,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-R8, WHOSE
ADDRESS IS 1761 EAST ST. ANDREW
PLACE, SANTA ANA, CA 92705-4934, ITS
SUCCESSORS OR ASSIGNS,

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Case No.: 2:17-CV-01764-RFB-VCF
STIPULATION AND ORDER TO
EXTEND DISCOVERY FOR THE
LIMITED PURPOSE OF TAKING
DEPOSITIONS
(First Request)

Plaintiff,

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vs.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; THE VILLAS
COMMUNITY ASSOCIATION, a Nevada
non-profit corporation; TERRA WEST
COLLECTIONS GROUP, LLC d/b/a
ASSESSMENT MANAGEMENT SERVICES,

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Defendants.
SFR INVESTMENTS POOL 1, LLC,

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Counter/Cross Claimant,

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vs.

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR,
AMERIQUEST MORTGAGE SECURITIES
INC., ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2004-R8, WHOSE
ADDRESS IS 1761 EAST ST. ANDREW
PLACE, SANTA ANA, CA 92705-4934, ITS
SUCCESSORS OR ASSIGNS; and ALAN
HECK, an individual,
Counter/Cross Defendants.

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Plaintiff/Counter/Cross Defendant, Deutsche Bank National Trust Company, as Trustee

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for, Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series

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2004-R8

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Investments Pool 1, LLC (“SFR”), and Defendant, The Villas Community Association (the

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“HOA”), (collectively referred to as the “Parties”), by and through their respective undersigned

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counsel, hereby stipulate and agree as follows:

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I.

(hereinafter,

“Plaintiff”),

Defendant/Counterclaimant/Cross-Claimant,

SFR

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.

SFR’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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Admission to the HOA and SFR.
9.

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SFR’s Interrogatories, Requests for Production, and Requests for Admission to

The deposition of Deutsche Bank’s 30(b)(6) witness.

/././

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10.

A Deposition Notice and Subpoena Duces Tecum to Assessment Management

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Services aka Terra West, noticed by Deutsche Bank.

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II.

DISCOVERY TO BE COMPLETED IN THE FUTURE

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1.

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January 29, 2018.

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2.

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3.

Deutsche Bank’s responses to the HOA’s Interrogatories, Requests for

Production, and Requests for Admission, currently due on January 29, 2018.

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Deutsche Bank’s responses to SFR’s Interrogatories, Requests for Production,

and Requests for Admission, currently due on January 29, 2018.

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The deposition of a witness for the HOA, originally scheduled to be held on

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SFR’s responses to Deutsche Bank’s Interrogatories, Requests for Production,

and Requests for Admission, currently due on January 29, 2018.

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5.

The HOA’s responses to Deutsche Bank’s Interrogatories, Requests for

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Production, and Requests for Admission, currently due on February 16, 2018.

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III.

REASONS THAT DISCOVERY WAS NOT TIMELY COMPLETED

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The parties seek an extension for the limited purpose of conducting a deposition of the

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F.R.C.P. Rule 30(b)(6) witness for the HOA Trustee, Assessment Management Services aka

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Terra West (“AMS”) and the HOA. A deposition of AMS was scheduled for January 26, 2018.

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However, counsel for the witness, Aviva Gordon Esq., has many scheduling conflicts and the

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witness for AMS recently had a baby. As such, neither party is available until February 6,

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2018.

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Additionally, the deposition of the HOA was scheduled to occur on January 29, 2018,

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for which no witness appeared due to an inadvertent mistake. Based thereon, the parties are

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unable to complete these depositions within the existing discovery deadline, which is currently

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on January 29, 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 30 days for the limited purpose of deposing the HOA and the HOA Trustee.

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Good cause to extend the discovery cutoff exists "if it cannot reasonably be met despite the

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diligence of the party seeking the extension." See Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 608-09 (9th Cir. 1992). Here, Deutsche noticed the deposition of both the HOA and

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the HOA Trustee within the discovery period, however, neither witness was able to attend,

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requiring rescheduling of both.

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V.

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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 18, 2017, be amended as follows:

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1. Discovery cut-off: currently January 29, 2018, desired February 28, 2018.

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2. Dispositive Motions: currently February 28, 2018, desired March 30, 2018.

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VI.

CERTIFICATE OF CONFERENCE
Counsel for all appearing parties has conferred via e-mail with respect to these issues.

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All counsel have signed below, thereby indicating their approval of the instant Stipulation

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to Extend Discovery and Dispositive Motion Deadline and do not request a conference before the

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Court prior to entry of a new Scheduling Order.

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DATED this 29th day of January, 2018.

DATED this 29th day of January, 2018.

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WRIGHT, FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ Ace C. Van Patten, Esq.
Ace C. Van Patten, Esq.
Nevada Bar No. 11731
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorney for Plaintiff

/s/ Diana S. Ebron, Esq.
Diana S. Ebron, Esq.
Nevada Bar No. 10580
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorney for SFR Investments Pool 1, LLC

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DATED this 29th day of January, 2018.
LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.
/s/ Karen Kao, Esq.
J. William Ebert, Esq.
Nevada Bar No. 2697
Karen Kao, Esq.
Nevada Bar No. 14386
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorney for The Villas Community Association

If dispositive motions are filed, the deadline
for filing the joint pretrial order will be
suspended until 30 days after decision on the
dispositive motions or further court order.

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ORDER

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IT IS SO ORDERED.
5th
DATED this _____ day of February, 2018.
____________________________________
UNITED STATES MAGISTRATE JUDGE

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