Bank of New York Mellon v. Tierra De Las Palmas Owners Association et al
Filing
32
ORDER granting 31 Stipulation; Discovery due by 3/26/2018. Motions due by 4/25/2018. Proposed Joint Pretrial Order due by 5/25/2018. Signed by Magistrate Judge Carl W. Hoffman on 2/9/2018. (Copies have been distributed pursuant to the NEF - JM)
Case 2:17-cv-02112-JAD-CWH Document 31 Filed 02/02/18 Page 1 of 4
1
2
3
4
5
6
7
8
9
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
10
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: (702) 634-5000
Facsimile: (702) 380-8572
Email: ariel.stern@akerman.com
Email: tenesa.scaturro@akerman.com
Attorneys for The Bank of New York Mellon
f/k/a The Bank of New York as Trustee for
the Benefit of the Certificate Holders of the
CWALT, Inc., Alternative Loan Trust 20048CB Mortgage Pass Through Certificates,
Series 2004-8CB
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
13
14
15
16
17
18
19
20
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE BENEFIT OF THE CERTIFICATE
HOLDERS
OF
THE
CWALT,
INC.,
ALTERNATIVE LOAN TRUST 2004-8CB
MORTGAGE
PASS
THROUGH
CERTIFICATES, SERIES 2004-8CB;
Plaintiff,
25
26
[FIRST REQUEST]
TIERRA DE LAS PALMAS OWNERS
ASSOCIATION; SFR INVESTMENTS POOL I,
LLC;
and
ABSOLUTE
COLLECTION
SERVICES, LLC,
Defendants.
22
24
STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES
vs.
21
23
Case No.: 2:17-cv-02112-JAD-CWH
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Benefit of the
Certificate Holders of the CWALT, Inc., Alternative Loan Trust 2004-8CB Mortgage Pass Through
Certificates, Series 2004-8CB (BoNYM), Absolute Collections Services, LLC (Absolute), and SFR
Investments Pool 1, LLC1 (SFR) by and through their respective counsel of record, and hereby
jointly submit this Stipulation and Order to Extend Discovery Deadlines (First Request) pursuant to
27
28
1
Tierra De Las Palmas Owners Association has not appeared in the case.
43993061;1
Case 2:17-cv-02112-JAD-CWH Document 31 Filed 02/02/18 Page 2 of 4
1
LR IA 6-1 and LR 26-4. This is the first stipulation to extend the discovery deadlines set by the
2
Scheduling Order (ECF No. 17) entered by the Court on September 29, 2017.
3
A.
STATEMENT SPECIFYING THE DISCOVERY COMPLETED
4
1.
Rule 26 Disclosures
5
Plaintiff BoNYM served its Initial Disclosures on September 28, 2017.
6
Plaintiff BoNYM served its First Supplement to Initial Disclosures on December 1, 2017.
7
Plaintiff BoNYM served its Initial Expert Disclosures on December 29, 2017.
8
Defendant Absolute served its Initial Disclosures on January 23, 2018.
9
2.
Written Discovery
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
10
Plaintiff BoNYM served its first set of interrogatories, requests for admissions and requests
11
for production of documents to Absolute on November 6, 2017.
12
Plaintiff BoNYM served its first set of interrogatories, requests for admissions and requests
13
for production of documents to SFR on November 6, 2017.
14
Defendant SFR served its responses to requests for production of documents, response to
15
requests for admission and answers to interrogatories on December 11, 2017.
16
Defendant Absolute served its responses to requests for admission on December 11, 2017,
17
responses to requests for production of documents on January 23, 2018, and answers to
18
interrogatories on January 24, 2018.
19
Defendant SFR served its first set of requests for admission, requests for production, and
20
interrogatories to BoNYM on January 24, 2018.
21
Plaintiff BoNYM served a Subpoena Duces Tecum upon the HOA, with the response due by
22
February, 12, 2018.
23
3.
Depositions
24
BoNYM deposed Absolute Collections on January 26, 2018.
25
BoNYM subpoenaed the HOA for deposition to take place on February 23, 2018.
26
SFR noticed the deposition of BoNYM for February 16, 2018.
27
...
28
...
43993061;1
2
Case 2:17-cv-02112-JAD-CWH Document 31 Filed 02/02/18 Page 3 of 4
1
B.
STATEMENT OF DISCOVERY REMAINING TO BE COMPLETED
2
SFR's deposition of BoNYM. SFR's Initial Disclosures; BoNYM's responses to SFR's written
3
discovery; BoNYM's deposition of the HOA; and the HOA's response to BoNYM's
4
Subpoena Duces Tecum. The parties reserve the right to conduct any additional discovery.
5
C.
REASONS WHY AN EXTENSION IS REQUIRED
process of meeting and conferring regarding the deposition topics and have agreed that
8
BoNYM will respond to written discovery in order to potentially limit the deposition topics.
9
SFR served written discovery on BoNYM on January 24, 2018. The parties have agreed to
10
AKERMAN LLP
SFR has scheduled the deposition for BoNYM for February 16, 2018. The parties are in the
7
1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
6
conduct BoNYM's deposition within the second week of March so that BoNYM can respond
11
to discovery and based upon BoNYM's witness availability.
12
D.
PROPOSED SCHEDULE FOR ALL REMAINING DISCOVERY
13
Current Deadline
Proposed Deadline
14
Discovery Cut-Off:
Wednesday, February 28, 2018
March 26, 2018
15
Dispositive Motions Deadline:
Friday, March 30, 2018
April 25, 2018
16
Pretrial Order Deadline:
Monday, April 30, 2018
May 25, 2018
17
...
18
...
19
...
20
...
21
...
22
...
23
...
24
...
25
...
26
...
27
...
28
...
43993061;1
3
Case 2:17-cv-02112-JAD-CWH Document 31 Filed 02/02/18 Page 4 of 4
1
E.
CURRENT TRIAL DATE
2
The court has not yet set a trial date.
3
Based on the foregoing, the parties respectfully request the court extend the remaining
4
5
discovery deadlines as requested above.
The parties make this request in good faith and believe good cause exists for extending these
6
deadlines.
7
Dated: February __, 2018
AKERMAN LLP
8
15
/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
f/k/a The Bank of New York as Trustee for the
Benefit of the Certificate Holders of the
CWALT, Inc., Alternative Loan Trust 20048CB Mortgage Pass Through Certificates,
Series 2004-8CB
16
KIM GILBERT EBRON
17
/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
9
AKERMAN LLP
10
1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
ABSOLUTE COLLECTION SERVICES
11
12
13
14
18
19
20
21
/s/Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd. Ste. 210
Las Vegas, Nevada 89128
Attorney for Absolute Collection Services, LLC
22
ORDER
23
24
IT IS SO ORDERED.
25
_______________________________________
UNITED STATES MAGISTRATE JUDGE
26
27
February 9, 2018
DATED:_______________________________
28
43993061;1
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?