Deutsche Bank National Trust Company v. Timberlake Street and Landscape Maintenance Association et al

Filing 22

ORDER granting 21 Stipulation to Stay Discovery; Signed by Magistrate Judge Cam Ferenbach on 5/8/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7

WRIGHT, FINLAY & ZAK, LLP
Christina V. Miller, Esq.
Nevada Bar No. 12448
Cher L. Shaine, Esq.
Nevada Bar No. 10751
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Deutsche Bank National Trust Company as Trustee for New Century
Home Equity Loan Trust, Series 2005-D, Asset Backed Pass-Through Certificates
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10
11
12

DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE FOR NEW
CENTURY HOME EQUITY LOAN TRUST,
SERIES 2005-D, ASSET BACKED PASSTHROUGH CERTIFICATES,

13
14
15
16
17

Case No.: 2:17-cv-02412-KJD-VCF
STIPULATION AND ORDER TO
STAY DISCOVERY

Plaintiff,
vs.
TIMBERLAKE STREET AND LANDSCAPE
MAINTENANCE ASSOCIATION; and
HAMPTON & HAMPTON COLLECTIONS,
LLC,

18

Defendants.

19

COMES NOW, Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS

20

TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2005-D, ASSET

21

BACKED

22

TIMBERLAKE STREET AND LANDSCAPE MAINTENANCE ASSOCIATION (“HOA”) by

23

and through their respective attorneys of records, and hereby agree and stipulate as follows.

24
25

PASS-THROUGH

CERTIFICATES

(“Deutsche

Bank”)

and

Defendant

WHEREAS, on September 14, 2017, Deutsche Bank filed a Complaint seeking monetary
damages against the HOA, among others. ECF No. 1.

26

WHEREAS, on November 8, 2017, the HOA filed a Motion to Dismiss. ECF No. 8. As

27

of the date of submitting this Stipulation, the Motion to Dismiss is fully briefed and pending

28

decision from the Court. See ECF Nos. 8, 14 and 17.

Page 1 of 2

1
2

WHEREAS, on January 31, 2018 this Court entered a Scheduling Order relating to the
discovery plan in this case setting discovery cutoff for May 7, 2018. ECF No. 19.

3
4

WHEREAS, Federal District Courts have “wide discretion in controlling discovery.”
Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988).

5

WHEREAS, to determine if a stay is appropriate, the court considers (1) damage from the

6

stay; (2) hardship or inequity that befalls one party more than the other; and (3) the orderly

7

course of justice. See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059,

8

1066 (9th Cir. 2007) (setting forth factors). Here, the factors support a stay of all proceedings

9

based on the pending Motion to Dismiss.

10

WHEREAS, the parties believe a stay is warranted because they will be able to avoid the

11

cost of expense of continued written discovery and depositions on issues that may be

12

unnecessary based on the outcome of the pending Motion to Dismiss. Moreover, the Court will

13

be relieved of expending further time and effort considering any discovery-related motions or

14

protective orders.

15

WHEREAS, the parties agree there will be no significant hardship or inequity against any

16

party, and it is appropriate for this Court to exercise its power to grant a stay of discovery at this

17

time. A trial date has not yet been set and the outcome of the pending Motion to Dismiss may

18

potentially result in resolution of the entire case.

19

WHEREFORE, based on the foregoing,

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

Page 2 of 2

1

IT IS HEREBY STIPULATED AND AGREED that discovery on the above-identified

2

action should be stayed pending a decision from the Court on the pending Motion to Dismiss.

3

ECF No. 8.

4

IT IS SO STIPULATED.

5

DATED this 4th day of May, 2018

DATED this 4th day of May, 2018.

6

WRIGHT, FINLAY & ZAK, LLP

PENGILLY LAW FIRM

/s/ Christina V. Miller
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, Deutsche Bank
National Trust Company as Trustee for
New Century Home Equity Loan Trust,
Series 2005-D, Asset Backed Pass-Through
Certificates

/s/ Elizabeth Lowell
Elizabeth Lowell, Esq.
Nevada Bar No. 8551
1995 Village Center Cir., Suite 190
Las Vegas, Nevada 89134
Attorneys for Defendant, Timberlake
Street and Landscape Maintenance
Association

7
8
9
10
11
12
13
14
15
16
17

IT IS SO ORDERED.
8th
DATED this _____ day of May
__________, 2018.

18
19
20

________________________________________
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28

Page 3 of 2