Bank of New York Mellon v. Tierra De Las Palmas Owners Association et al

Filing 36

ORDER granting 35 Stipulation; Discovery due by 6/4/2018. Motions due by 7/5/2018. Proposed Joint Pretrial Order due by 8/6/2018. Signed by Magistrate Judge Carl W. Hoffman on 4/11/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02112-JAD-CWH Document 35 Filed 04/10/18 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
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

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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 BENEFIT OF THE CERTIFICATE
HOLDERS
OF
THE
CWALT,
INC.,
ALTERNATIVE LOAN TRUST 2004-8CB
MORTGAGE
PASS
THROUGH
CERTIFICATES, SERIES 2004-8CB;
Plaintiff,

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[SECOND REQUEST]

TIERRA DE LAS PALMAS OWNERS
ASSOCIATION; SFR INVESTMENTS POOL I,
LLC;
and
ABSOLUTE
COLLECTION
SERVICES, LLC,
Defendants.

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STIPULATION AND ORDER TO
EXTEND DISCOVERY DEADLINES

vs.

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

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Tierra De Las Palmas Owners Association has not appeared in the case.

44856683;1

Case 2:17-cv-02112-JAD-CWH Document 35 Filed 04/10/18 Page 2 of 4

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the first request to extend discovery deadlines (ECF No. 17) entered by the Court on September 29,

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2017.

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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 September 28, 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 its Initial Expert Disclosures on December 29, 2017.

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Defendant Absolute served its Initial Disclosures on January 23, 2018.

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Plaintiff BoNYM served its Second Supplement to Initial Disclosures on February 7, 2018.

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Plaintiff BoNYM served its Third Supplement to Initial Disclosures on March 12, 2018.
2.

Written Discovery

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

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for production of documents to Absolute on November 6, 2017.

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

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for production of documents to SFR on November 6, 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 11, 2017.

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Defendant Absolute served its responses to requests for admission on December 11, 2017,

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responses to requests for production of documents on January 23, 2018, and answers to

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interrogatories on January 24, 2018.

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Defendant SFR served its first set of requests for admission, requests for production, and

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interrogatories to BoNYM on January 24, 2018.

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Plaintiff BoNYM served a Subpoena Duces Tecum upon the HOA, with the response due by

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February, 12, 2018.

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Plaintiff BoNYM served its responses to SFR’s first set of requests for admission, requests

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for production, and interrogatories to SFR on March 12, 2018.

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...

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...
44856683;1

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Case 2:17-cv-02112-JAD-CWH Document 35 Filed 04/10/18 Page 3 of 4

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3.

Depositions

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BoNYM deposed Absolute Collections on January 26, 2018.

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BoNYM subpoenaed the HOA for deposition to take place on March 29, 2018, but this

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deposition needs to be rescheduled due to illness of the witness.

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B.

STATEMENT OF DISCOVERY REMAINING TO BE COMPLETED

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

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right to conduct any additional discovery.

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C.

REASONS WHY AN EXTENSION IS REQUIRED

AKERMAN LLP

BoNYM's deposition was stayed pending this court’s decision on BANA’s motion for

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1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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protective order in Bank of Am., N.A. v. Falcon Pointe Ass'n et al, D. Nev. Case. No. 2:16-cv-00814-

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GMN-CWH. See ECF No. 34. A decision on the Falcon Pointe motion was issued on April 5, 2018.

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See ECF No. 107 in the Falon Pointe case. The parties request an extension of discovery to

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accommodate the scheduling of SFR's deposition of BoNYM.

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availability, the parties anticipate scheduling BoNYM's deposition in late April or early May 2018.

Given counsel and witness

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D.

PROPOSED SCHEDULE FOR ALL REMAINING DISCOVERY

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Current Deadline

Proposed Deadline

Discovery Cut-Off:

March 26, 2018

June 4, 2018

Dispositive Motions Deadline:

April 25, 2018

July 5, 2018

Pretrial Order Deadline:

May 25, 2018

August 6, 2018

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44856683;1

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Case 2:17-cv-02112-JAD-CWH Document 35 Filed 04/10/18 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 as requested above.
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: April 10, 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
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

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KIM GILBERT EBRON

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/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

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AKERMAN LLP

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1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

ABSOLUTE COLLECTION SERVICES

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/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

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ORDER

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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April 11, 2018
DATED:_______________________________

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44856683;1

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