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

Filing 25

ORDER Granting 24 Stipulation re Discovery Deadlines. Discovery due by 3/21/2018. Motions due by 4/20/2018. Proposed Joint Pretrial Order due by 5/21/2018. Signed by Magistrate Judge George Foley, Jr on 2/5/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02146-JCM-GWF Document 24 Filed 02/02/18 Page 1 of 4

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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
Certificate Holders of CWMBS, Inc., CHL
Mortgage Pass Through Trust 2005-02
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATE HOLDERS OF
CWMBS, INC., CHL MORTGAGE PASS
THROUGH TRUST 2005-02, MORTGAGE
PASS THROUGH CERTIFICATES 2005-02,

Case No.: 2:17-cv-02146-JCM-GWF

STIPULATION AND ORDER TO EXTEND
DISCOVERY DEADLINES

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Plaintiff,
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vs.

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SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION; SFR INVESTMENTS POOL
1, LLC,

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[FIRST REQUEST]

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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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Certificate Holders of CWMBS, Inc., CHL Mortgage Pass Through Trust 2005-02 (BoNYM),

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Southern Highlands Community Association (HOA), and SFR Investments Pool 1, LLC (SFR), by

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and through their respective counsel of record, and hereby jointly submit this Stipulation and Order

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to Extend Discovery Deadlines (First Request) pursuant to LR IA 6-1 and LR 26-4. This is the first

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stipulation to extend the discovery deadlines set by the Scheduling Order (ECF No. 18) entered by

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the Court on October 13, 2017.

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...

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43988555;1

Case 2:17-cv-02146-JCM-GWF Document 24 Filed 02/02/18 Page 2 of 4

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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 27, 2017.

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Plaintiff BoNYM served its First Supplement to Initial Disclosures on October 26, 2017.

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Defendant HOA served its Initial Disclosures on November 9, 2017.

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Defendant SFR served its Initial Disclosures on November 20, 2017.

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Defendant HOA served its First Supplement to Initial Disclosures on November 30, 2017.

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Plaintiff BoNYM served its Second Supplement to Initial Disclosures on December 12, 2017.

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

AKERMAN LLP

Defendant SFR served its Initial Expert Disclosures on December 29, 2018.

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Defendant SFR served its Rebuttal Expert Disclosure via mail on January 25, 2018

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2.

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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 HOA on October 26, 2017.

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Plaintiff BoNYM served its first set of interrogatories, requests for admissions and requests
for production of documents to SFR on October 26, 2017.

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Written Discovery

Defendant HOA served its responses to requests for production of documents, response to
requests for admission and answers to interrogatories on November 30, 2017.

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Defendant SFR served its responses to requests for admission on November 30, 2017, and

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responses to requests for production of documents and answers to interrogatories on December 1,

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2017.

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Defendant SFR served its first set of requests for admission, requests for production, and
interrogatories to BoNYM on January 24, 2018.

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3.

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BoNYM’s Deposition of HOA is scheduled for February 9, 2018.

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BoNYM’s Deposition of HOA Trustee Alessi & Koenig, LLC is scheduled for February 9,

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2018.

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Depositions

Case 2:17-cv-02146-JCM-GWF Document 24 Filed 02/02/18 Page 3 of 4

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

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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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discovery. BoNYM’s deposition of HOA and deposition of HOA Trustee. BoNYM’s

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responses to SFR’s written Discovery.

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C.

The parties reserve the right to conduct any additional

REASONS WHY AN EXTENSION IS REQUIRED

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

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respond to written discovery in order to potentially limit the deposition topics. SFR served written

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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 89144
TEL.: [phone] – FAX: [phone]

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discovery on BoNYM on January 24, 2018.

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deposition within the second week of March so that BoNYM can respond to discovery and based

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upon BoNYM's witness availability.

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D.

The parties have agreed to conduct BoNYM's

PROPOSED SCHEDULE FOR ALL REMAINING DISCOVERY

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Current Deadline

Proposed Deadline

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Discovery Cut-Off:

Tuesday, February 27, 2018

March 21, 2018

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Dispositive Motions Deadline:

Thursday, March 29, 2018

April 20, 2018

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Pretrial Order Deadline:

Monday, April 30, 2018

May 21, 2018

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Case 2:17-cv-02146-JCM-GWF Document 24 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, 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: February 2nd , 2018

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AKERMAN LLP

ALVERSON, TAYLOR, MORTENSEN &
SANDERS

/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

/s/ Adam R. Knecht
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
ADAM R. KNECHT, ESQ
Nevada Bar No. 13166
6605 Grand Montecito Parkway, Suite 200
Las Vegas, Nevada 89149
Attorneys for Southern Highlands Community
Association

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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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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ORDER

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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2/05/2018
DATED:_____________________________________

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