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

Filing 38

ORDER granting 37 Stipulation; Discovery due by 5/30/2018. Motions due by 6/29/2018. Proposed Joint Pretrial Order due by 7/30/2018. Signed by Magistrate Judge Nancy J. Koppe on 3/30/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01802-JCM-NJK Document 37 Filed 03/28/18 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 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
[SECOND 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
Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-3 Mortgage Pass-Through
Certificates, Series 2006-3 (BoNYM), and Defendants Traccia Community Association (HOA) and
SFR Investments Pool 1, LLC (SFR), by and through their respective counsel of record, and hereby
jointly submit this Stipulation and Order to Extend Discovery Deadlines (Second Request) pursuant to

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43915148;1
44553030;1

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Case 2:17-cv-01802-JCM-NJK Document 37 Filed 03/28/18 Page 2 of 4

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

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first request to extend discovery deadline (ECF No. 32) entered by the Court on February 5, 2018.

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A.

STATEMENT SPECIFYING THE DISCOVERY COMPLETED

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1.

Rule 26 Disclosures

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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.

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Plaintiff BoNYM served it Third Supplement to Initial Disclosures on December 12, 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 Initial Expert Disclosures on December 21, 2017.

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Plaintiff BoNYM served it Fourth Supplement to Initial Disclosures on February 19, 2018.

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2.

Written Discovery

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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 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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Plaintiff BoNYM served responses to requests for production of documents, response to

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requests for admission and answers to interrogatories on February 19, 2018.

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...

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...

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...

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Case 2:17-cv-01802-JCM-NJK Document 37 Filed 03/28/18 Page 3 of 4

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3.

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

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19, 2018.

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B.

STATEMENT OF DISCOVERY REMAINING TO BE COMPLETED

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SFR's deposition of BoNYM. BoNYM's deposition of the HOA. The parties reserve the right

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to conduct any additional discovery.

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C.

REASONS WHY AN EXTENSION IS REQUIRED

protective order in Bank of America, N.A. v. Lake Mead Court Homeowners Ass'n, et al., D.

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AKERMAN LLP

Depositions in this matter were stayed pending this court’s decision on BANA’s motion for

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

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Nev. Case No. 2:16-cv-00504-GMN-NJK, ECF No. 70. See ECF No. 34. A decision on the

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Lake Mead motion was issued on March 14, 2018. See ECF No. 82 in the Lake Mead case.

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The parties request an extension of discovery to accommodate the scheduling of SFR's

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deposition of BoNYM.

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scheduling BoNYM's deposition in late April or early May 2018.

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D.

Given counsel and witness availability, the parties anticipate

PROPOSED SCHEDULE FOR ALL REMAINING DISCOVERY

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Current Deadline

Proposed Deadline

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Discovery Cut-Off:

March 23, 2018

May 30, 2018

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Dispositive Motions Deadline:

April 24, 2018

June 29, 2018

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Pretrial Order Deadline:

May 23, 2018

July 30, 2018

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Case 2:17-cv-01802-JCM-NJK Document 37 Filed 03/28/18 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 68 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 March 28, 2018.
AKERMAN LLP

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/s/ Tenesa Powell
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA 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
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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March 30, 2018
DATED: _________________________________

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