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

Filing 36

ORDER granting 35 Stipulation re Discovery Deadlines. 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 George Foley, Jr on 3/29/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-02146-JCM-GWF Document 35 Filed 03/28/18 Page 1 of 4

1
2
3
4
5
6
7
8
9

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

10

DISTRICT OF NEVADA

AKERMAN LLP

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

11
12
13
14

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

15
Plaintiff,
16

vs.

17

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

18

[SECOND REQUEST]

19

Defendants.

20

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

21

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

22

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

23

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

24

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

25

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

26

entered by the Court on October 13, 2017.

27

...

28
44557483;1

Case 2:17-cv-02146-JCM-GWF Document 35 Filed 03/28/18 Page 2 of 4

1

A.

STATEMENT SPECIFYING THE DISCOVERY COMPLETED

2

1.

Rule 26 Disclosures

3

Plaintiff BoNYM served its Initial Disclosures on September 27, 2017.

4

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

5

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

6

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

7

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

8

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

9

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

AKERMAN LLP

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

11
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

10

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

12

Plaintiff BoNYM served its Third Supplement to Initial Disclosures on February 23, 2018.

13

Defendant HOA served its Second Supplement to Initial Disclosures on March 5, 2018.

14

Defendant SFR served its First Supplement to Initial Disclosures on March 21, 2018.

15

2.

16

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

17

for production of documents to HOA on October 26, 2017.

18
19

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

20
21

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.

22

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

23

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

24

2017.

25
26

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

27
28
44557483;1

Case 2:17-cv-02146-JCM-GWF Document 35 Filed 03/28/18 Page 3 of 4

1
2

Plaintiff BoNYM served its responses to SFR’s requests for production of documents,
response to requests for admission and answers to interrogatories on February 23, 2018.

3

Defendant HOA served its first supplement to responses to BoNYM's request for production

4

on March 5, 2018.

5

3.

6

BoNYM’s Deposition of HOA was taken on February 9, 2018.

7

BoNYM’s Deposition of HOA Trustee Alessi & Koenig, LLC was taken on February 9,

8

2018.

9

B.

Depositions

STATEMENT OF DISCOVERY REMAINING TO BE COMPLETED

AKERMAN LLP

SFR's deposition of BoNYM.

11
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

10

discovery.

12

C.

The parties reserve the right to conduct any additional

REASONS WHY AN EXTENSION IS REQUIRED

13

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

14

protective order in Bank of America, N.A. v. Azure Manor/Rancho De Paz Homeowners

15

Ass'n, et al, D. Nev Case No. 2:16-cv-00764-GMN-GWF. See ECF No. 31. A decision on

16

the Azure Manor motion was issued on March 19, 2018. See ECF No. 62 in the Azure

17

Manor case. The parties request an extension of discovery to accommodate the scheduling

18

of SFR's deposition of BoNYM.

19

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

20

D.

Given counsel and witness availability, the parties

PROPOSED SCHEDULE FOR ALL REMAINING DISCOVERY

21

Current Deadline

Proposed Deadline

22

Discovery Cut-Off:

March 21, 2018

May 30, 2018

23

Dispositive Motions Deadline:

April 20, 2018

June 29, 2018

24

Pretrial Order Deadline:

May 21, 2018

July 30, 2018

25

...

26
...
27
28
44557483;1

Case 2:17-cv-02146-JCM-GWF Document 35 Filed 03/28/18 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: March 28, 2018

8

AKERMAN LLP

ALVERSON, TAYLOR, MORTENSEN &
SANDERS

/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

/s/ Adam 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

9
10

AKERMAN LLP

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

11
12
13
14

KIM GILBERT EBRON

15
16
17
18
19
20

/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

21
ORDER

22
23

IT IS SO ORDERED.

24

_______________________________________
UNITED STATES MAGISTRATE JUDGE

25
26

3/29/2018
DATED:_____________________________________

27
28
44557483;1