Deutsche Bank National Trust Company v. Absolute Collection Services, LLC et al

Filing 29

ORDER granting 28 Stipulation to Extend Deadlines. Discovery due by 8/20/2018. Motions due by 9/18/2018. Proposed Joint Pretrial Order due by 10/18/2018. Signed by Magistrate Judge Cam Ferenbach on 5/9/2018. (Copies have been distributed pursuant to the NEF - MMM)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Deutsche Bank National Trust Company as Trustee for GSAMP Trust
2007-FM2, Mortgage Pass-Through Certificates, Series 2007-FM2

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE FOR GSAMP
TRUST 2007-FM2, MORTGAGE
PASSTHROUGH CERTIFICATES, SERIES
2007-FM2,

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Case No.: 2:17-cv-02436-APG-VCF

STIPULATION AND ORDER TO
EXTEND DISCOVERY AND
DISPOSITIVE MOTION DEADLINES

Plaintiff,
(FIRST REQUEST)

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vs.
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ABSOLUTE COLLECTION SERVICES, LLC,
a Nevada Limited Liability Company; and
ELKHORN COMMUNITY ASSOCIATION,
Defendants.

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Plaintiff Deutsche Bank National Trust Company as Trustee for GSAMP Trust 2007-

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FM2, Mortgage Pass-Through Certificates, Series 2007-FM2 (hereinafter “Plaintiff” or

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“Deutsche Bank”), Defendant Absolute Collection Services, LLC (“Absolute”), and Defendant

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Elkhorn Community Association (“HOA”) (collectively, the “Parties”), by and through their
respective counsels of record, hereby jointly stipulate and agree to extend the time to conduct
discovery and the dispositive motion deadline.

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A.

DISCOVERY COMPLETED

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1. Plaintiffs’ Initial Disclosures.
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2. HOA’s Initial Disclosures.

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3. Absolute’s Initial Disclosures.

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4. Plaintiff’s Expert Disclosures.

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5. Plaintiffs’ written discovery (interrogatories, requests for production and

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requests for admission) to Absolute Collection Services, LLC.

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6. Plaintiffs’ written discovery (interrogatories, requests for production and
requests for admission) to Elkhorn Community Association.

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B.

DISCOVERY THAT REMAINS TO BE COMPLETED
1. Plaintiff’s deposition of Absolute Collection Services, LLC.

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2. Plaintiff’s deposition of Elkhorn Community Association.

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3. Defendants’ deposition of Plaintiff.

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4. Absolute Collection Services, LLC’s responses to Plaintiff’s written

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discovery (interrogatories, requests for production and requests for admission).
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5. Elkhorn Community Association’s responses to Plaintiff’s written
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discovery (interrogatories, requests for production and requests for admission).
C.

REASON WHY DISCOVERY HAS NOT BEEN COMPLETED

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Good cause justifies an extension of the deadlines at this time. Due to recent unexpected

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departures of primary handling attorneys at both offices for counsels of HOA and of Deutsche

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Bank, and the parties’ awareness of the potential value of certain discovery completed in a prior

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state court action (Case No. A-14-697880-C) in the Eighth Judicial District Court for Clark

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County, Nevada to resolving the claims, defenses and issues in this case, more time is needed

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for the newly assigned attorneys to review the discovery completed in that case, and assess their

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utility and evidentiary value in this action. The Parties reasonably believe that this additional

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time will lead to a more streamlined discovery process in this action, and promote significant
savings in limited judicial resources as well as mutual costs of litigation for all parties. This is
the parties’ first request and is not intended to cause undue delay.

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D.

PROPOSED PRE-TRIAL DEADLINES AND DISCOVERY SCHEDULE

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EVENT

CURRENT DATE

PROPOSED DATE

Discovery Cut-Off

May 21, 2018

August 20, 2018

Motions to Amend

February 20, 2018

May 21, 2018

Expert Disclosures

March 22, 2018

June 20, 2018

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Rebuttal Expert Disclosures

April 23, 2018

July 23, 2018

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Dispositive Motions

June 20, 2018

September 18, 2018

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Joint Pre-Trial Order

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Pleadings/Add Parties

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E.

July 20, 2018
October 18, 2018
If dispositive motions are filed, the deadline for filing the joint
pretrial order will be suspended until 30 days after
CURRENT TRIAL DATE decision on the dispositive motions or further court order.
No trial date is currently set in this action.

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F.
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CONCLUSION
Accordingly, for good cause shown, the parties respectfully request that the Court enter

the accompanying order to extend the aforementioned discovery and dispositive motion
deadlines in this matter.

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IT IS SO STIPULATED.

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DATED this 8th day of May, 2018.

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WRIGHT, FINLAY & ZAK, LLP

ABSOLUTE COLLECTION SERVICES,
LLC

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/s/ Shane D. Cox, Esq.

/s/ Yanxiong Li, Esq.
Dana Jonathon Nitz, Esq.
Nevada Bar No. 00050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, Deutsche Bank
National Trust Company as Trustee for
GSAMP Trust 2007-FM2, Mortgage PassThrough Certificates, Series 2007-FM2

Shane D. Cox, Esq.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd, Ste. 210
Las Vegas, NV 89128
Attorneys for Defendant, Absolute
Collection Services, LLC

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BOYACK ORME & ANTHONY

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/s/ Adam J. Breeden, Esq.

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Edward D. Boyack, Esq.
Nevada Bar No. 005229
Adam J. Breeden, Esq.
Nevada Bar No. 008768
7432 W. Sahara Ave., Suite 101
Las Vegas, NV 89117
Attorneys for Defendant, Elkhorn Community
Association

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ORDER
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IT IS SO ORDERED.
UNITED STATES MAGISTRATE JUDGE
DATED: 5-9-2018

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CERTIFICATE OF SERVICE

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The undersigned, an employee of Wright, Finlay & Zak, LLP, hereby certifies that on the

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8th day of May, 2018, a true and correct copy of STIPULATION AND ORDER TO EXTEND

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DISCOVERY AND DISPOSITIVE MOTION DEADLINES (FIRST REQUEST) was

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served electronically via the CM/ECF system to parties of interest as follows:

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Shane D. Cox, Esq.
8440 W. Lake Mead Blvd., Suite 210
Las Vegas, NV 89128
Email: [e-mail]
Attorneys for Defendant,
Absolute Collection Services, LLC

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Edward D. Boyack, Esq.
Jason Onello, Esq.
BOYACK ORME & ANTHONY
7432 W. Sahara Ave., Suite 101
Las Vegas, NV 89117
Email: [e-mail]
Attorneys for Defendant, Elkhorn Community Association

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/s/ Kelli Wightman
An Employee of Wright, Finlay & Zak, LLP

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