The Bank of New York Mellon v. Traccia Community Association et al

Filing 32

ORDER granting 31 Stipulation; Discovery due by 3/23/2018. Motions due by 4/24/2018. Proposed Joint Pretrial Order due by 5/23/2018. Signed by Magistrate Judge Nancy J. Koppe on 2/5/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01802-JCM-NJK Document 31 Filed 02/02/18 Page 1 of 4

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA SCATURRO POWELL, ESQ.
Nevada Bar No. 12488
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon
fka The Bank of New York, as Trustee for The
Certificateholders CWMBS, Inc., CHL
Mortgage Pass-Through Trust 2006-3
Mortgage Pass-Through Certificates, Series
2006-3

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWMBS,
INC., CHL MORTGAGE PASS-THROUGH
TRUST 2006-3 MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-3,

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Case No.: 2:17-cv-01802-JCM-NJK

STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINES
[FIRST REQUEST]

Plaintiff,

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vs.

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TRACCIA COMMUNITY ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; and NEVADA
ASSOCIATION SERVICES, INC.,

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Defendants.

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Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for The

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Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-3 Mortgage Pass-Through

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Certificates, Series 2006-3 (BoNYM), and Defendants Traccia Community Association (HOA) and

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SFR Investments Pool 1, LLC (SFR), by and through their respective counsel of record, and hereby

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43988519;1

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Case 2:17-cv-01802-JCM-NJK Document 31 Filed 02/02/18 Page 2 of 4

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jointly submit this Stipulation and Order to Extend Discovery Deadlines (First Request) pursuant to

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LR IA 6-1 and LR 26-4. This is the first stipulation to extend the discovery deadlines set by the

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Scheduling Order (ECF No. 28) entered by the Court on October 23, 2017.

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A.

STATEMENT SPECIFYING THE DISCOVERY COMPLETED

1.

Rule 26 Disclosures
Plaintiff BoNYM served its Initial Disclosures on October 20, 2017.

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Defendant HOA served its Initial Disclosures on October 10, 2017

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Plaintiff BoNYM served its First Supplement to Initial Disclosures on December 1, 2017.

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Plaintiff BoNYM served it Second Supplement to Initial Disclosures on December 5, 2017.

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Plaintiff BoNYM served it Third Supplement to Initial Disclosures on December 12, 2017.

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Plaintiff BoNYM served it Initial Expert Disclosures on December 21, 2017.

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2.

Plaintiff BoNYM served its first set of interrogatories, requests for admissions and requests for

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production of documents to SFR on November 3, 2017.

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Plaintiff BoNYM served its first set of interrogatories, requests for admissions and requests for

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production of documents to HOA on November 3, 2017.

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Defendant HOA served its responses to requests for production of documents, response to

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requests for admission and answers to interrogatories on December 5, 2017.

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Defendant SFR served its responses to requests for production of documents, response to

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requests for admission and answers to interrogatories on December 7, 2017.

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Defendant SFR served its first set of interrogatories, requests for admissions and requests for

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production of documents on January 17, 2018.

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3.

Depositions
SFR’s Deposition of BoNYM is scheduled for February 16, 2018.

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BoNYM’s Deposition of HOA Trustee Nevada Association Services, Inc. was held on January

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Written Discovery

19, 2018.

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Case 2:17-cv-01802-JCM-NJK Document 31 Filed 02/02/18 Page 3 of 4

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B.

STATEMENT OF DISCOVERY REMAINING TO BE COMPLETED

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SFR's deposition of BoNYM.

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BoNYM's deposition of the HOA.

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The parties reserve the right to conduct any additional discovery.

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C.

REASONS WHY AN EXTENSION IS REQUIRED

process of meeting and conferring regarding the deposition topics and have agreed that

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BoNYM will respond to written discovery in order to potentially limit the deposition topics.

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SFR served written discovery on BoNYM on January 17, 2018. The parties have agreed to

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AKERMAN LLP

SFR has scheduled the deposition for BoNYM for February 16, 2018. The parties are in the

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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conduct BoNYM's deposition within the second week of March so that BoNYM can respond to

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discovery and based upon BoNYM's witness availability.

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D.

PROPOSED SCHEDULE FOR ALL REMAINING DISCOVERY

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Current Deadline

Proposed Deadline

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Discovery Cut-Off:

Tuesday, February 20, 2018

March 23, 2018

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Dispositive Motions Deadline:

Thursday, March 22, 2018

April 24, 2018

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Pretrial Order Deadline:

Monday, April 23, 2018

May 23, 2018

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Case 2:17-cv-01802-JCM-NJK Document 31 Filed 02/02/18 Page 4 of 4

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E.

CURRENT TRIAL DATE

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The court has not yet set a trial date.

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Based on the foregoing, the parties respectfully request the court extend the remaining

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discovery deadlines, by approximately 30 days.

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The parties make this request in good faith and believe good cause exists for extending these

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deadlines.

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DATED February 2, 2018.
AKERMAN LLP

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/s/ Tenesa Scaturro Powell
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA SCATURRO POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for The Bank of New York Mellon fka
The Bank of New York, as Trustee for The
Certificateholders CWMBS, Inc., CHL Mortgage
Pass-Through Trust 2006-3 Mortgage PassThrough Certificates, Series 2006-3

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KIM GILBERT EBRON

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AKERMAN LLP

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

BOYACK ORME & TAYLOR

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/s/Colli McKiever ____________
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
COLLI MCKIEVER, ESQ.
Nevada Bar No. 13724
7432 W Sahara Ave Suite 101
Las Vegas, NV 89117
Attorneys for Traccia Community Association

/s/Diana S. Ebron, Esq.
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, LLC
ORDER

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IT IS SO ORDERED:

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE
United States Magistrate Judge

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February 5, 2018
DATED: _________________________________

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