U.S. Bank National Association v. Southern Highlands Community Association et al

Filing 77

ORDER granting 76 Stipulation TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES (Second Request). Discovery due by 4/22/2024. Motions due by 5/22/2024. Proposed Joint Pretrial Order due by 6/21/2024. Signed by Magistrate Judge Brenda Weksler on 2/14/2024. (Copies have been distributed pursuant to the NEF - CAH)

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KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
E-mail: [e-mail]
HANKS LAW GROUP
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Attorneys for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
U.S. BANK NATIONAL ASSOCIATION, AS Case No. 2:18-cv-00205-GMN-BNW
TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2006-A-7,
STIPULATION AND ORDER TO
EXTEND DISCOVERY AND
Plaintiff,
DISPOSITIVE MOTION DEADLINES
(Second Request)

vs.
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION; and SFR INVESTMENTS
POOL 1, LLC,
Defendants.

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SFR Investments Pool 1, LLC (“SFR”) and U.S. Bank National Association, as Trustee for

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J.P. Morgan Mortgage Trust 2006-A-7, (“U.S. Bank”) hereby respectfully submit this Stipulation

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and Order to Extend Discovery and Dispositive Motion Deadlines pursuant to LR 26-4 and LR IA

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6-1. This is the Parties second request for an extension of the deadlines.

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On February 13, 2024, the parties discussed the necessity to extend the discovery and

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dispositive motion deadlines because the Custodian of Records for Miles Bauer Bergstrom &

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Winters did not comply by the deadline and has not reached out with regard to the subpoena duces

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tecum SFR served in January. SFR requested documents from Miles Bauer with the intent to then

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depose Rock Jung regarding these documents. SFR needs time to either compel these documents

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or secure these documents through other forms of discovery, and then once received depose Rock

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Jung. The parties hereby request to extend the discovery deadlines to April 22, 2024, the

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dispositive motions deadline to May 22, 2024, and the Pre-trial Order deadline to June 21, 2024.

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I.

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DISCOVERY COMPLETED:
A.

Initial and Supplemental Disclosures:

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1.

On July 18, 2018, SFR served its Initial Disclosures.

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2.

On July 2, 2018, U.S. Bank served its Initial Disclosures.

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3.

On July 27, 2018, U.S. Bank served its Second Supplemental Disclosure

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4.

On October 18, 2023, U.S. Bank served its Third Supplemental Disclosure

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5.

On November 28, 2023, U.S. Bank served its Fourth Supplemental
Disclosure.

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6.

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On December 20, 2023, U.S. Bank served its Fifth Supplemental
Disclosure.

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On January 19, 2024, U.S. Bank served its Sixth Supplemental Disclosure.

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8.

On January 22, 2024, SFR served its First Post Remand Disclosures.

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9.

On February 6, 2024, SFR served its Second Post Remand Disclosures.

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B.

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Initial and Rebuttal Expert Disclosures:

C.

On June 14, 2018, U.S. Bank served its Initial Expert Disclosure.

Written Discovery:
1.

On June 27, 2018, U.S. Bank served its First Sets of Requests for

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Admission, Interrogatories, and Requests for Production of Documents to

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SFR.

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2.

Interrogatories, and Requests for Production of Documents to U.S. Bank.

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3.

On January 19, 2024, SFR served its First Post Remand Set of
Interrogatories to U.S. Bank.

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On July 25, 2018, SFR served its First Sets of Requests for Admission,

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On January 19, 2024, U.S. Bank served its First Sets of Post Remand

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Requests for Admission, Interrogatories, and Requests for Production of

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Documents to SFR.

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D.

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Depositions:
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Deposition of Diane DeLoney, 30(b)(6) Representative for U.S. Bank,
taken on July 6, 2018.

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2.

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Deposition of David Alessi, 30(b)(6) Representative for Alessi & Koenig,
LLC, taken on August 2, 2018.

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3.

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Deposition of David Bembas, 30(b)(6) Representative of SFR, taken on
August 14, 2018.

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Deposition of Ryan Kerbow, Esq., taken on November 28, 2023.

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5.

Deposition of Jeremy Bergstrom, Esq. scheduled for November 28, 2023
(non-appearance entered).

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E.

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Subpoenas:
1.

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Subpoena Duces Tecum to Custodian of Records for Miles, Bauer,

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Bergstrom & Winters, LLP. Served on January 25, 2024. Responses were

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due February 9, 2024. No response was received.

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II.

SPECIFIC DESCRIPTION OF DISCOVERY THAT REMAINS TO BE

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COMPLETED:

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A.

Written Discovery:
1.

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SFR’s First Post Remand Request for Production of Documents to U.S.

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Bank. As a back-up, SFR intends to request documents from U.S. Bank

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which it previously attempted to subpoena from Miles Bauer. SFR may also

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serve interrogatories that address the subject matter of the requested

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documents.
2.

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Subpoena Duces Tecum to Bank of America, N.A. As a back-up, SFR

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intends to request documents from BANA which it previously attempted to

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subpoena from Miles Bauer.

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B.

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Depositions:
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SFR’s deposition of Rock Jung to be rescheduled within 60 days. This

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deposition cannot be scheduled until SFR receives the documents it is

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seeking from Miles Bauer.

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III.

REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME LIMITS

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SET BY DISCOVERY PLAN:

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As required by LR 26-4, because this stipulation is being submitted within twenty-one (21)

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days of the discovery deadline, the parties must demonstrate good cause. Good cause is present to

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allow the parties an additional sixty (60) days to complete the remaining discovery. Specifically,

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SFR served a subpoena for records to Miles Bauer on January 25, 2024, and although the February

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9, 2024, deadline to respond has passed, SFR is still not in receipt of the requested documents.

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Additionally, SFR has received no communication from Miles Bauer. SFR was relying on the

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production of these documents for the deposition of Rock Jung, which was scheduled for February

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15, 2024. In order to move forward with the deposition of Rock Jung, SFR will need to file a motion

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to compel Miles Bauer’s production and/or in the meantime, as a back-up, serve written discovery

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to U.S. Bank and serve a subpoena to Bank of America to obtain the documents necessary to

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conduct the deposition of Rock Jung.
Accordingly, for the reasons stated above, good cause exists for the parties’ requested

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extension of the discovery and dispositive motion deadlines.

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IV.

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PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY:

Event
Discovery CutOff

Previous Deadline

New Deadline

Tuesday, February 20, 2024

Monday, April 22, 2024

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Dispositive
Motions

Thursday, March 21, 2024

Wednesday, May 22, 2024

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Pre-Trial Order

Monday April 22, 2024

Friday, June 21, 2024

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The parties submit this Stipulation and Order in good faith and not for purposes of delay
or to prejudice any party.
DATED this 14th day of February 2024.

DATED this 14th day of February 2024.

HANKS LAW GROUP

AKERMAN LLP

/s/ Karen L. Hanks
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

/s/ Scott R. Lachman
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for U.S. Bank National Association,
as Trustee for J.P. Morgan Mortgage Trust
2006-A-7

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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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