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

Filing 79

ORDER granting 78 Stipulation to extend Discovery and Dispositive Motion deadlines. Discovery due by 6/24/2024. Motions due by 7/24/2024. Proposed Joint Pretrial Order due by 8/26/2024. Signed by Magistrate Judge Brenda Weksler on 4/2/2024. (Copies have been distributed pursuant to the NEF - MAM)

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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

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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

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vs.

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

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(Third Request)

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 April 1, 2024, the parties discussed the necessity to extend the discovery and dispositive

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motion deadlines because the Custodian of Records for Miles Bauer Bergstrom & Winters has still

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not answered the subpoena duces tecum SFR served in January. SFR has followed up several times

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with the custodian of records, Doug Miles, but despite assurances the documents will be provided,

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every promised date has passed and SFR still does not have the documents. SFR requested

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documents from Miles Bauer with the intent to then depose Rock Jung regarding these documents.

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SFR needs time to secure these documents and then once received depose Rock Jung. The parties

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hereby request to extend the discovery deadlines to June 22, 2024, the dispositive motions deadline

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to July 24, 2024, and the Pre-trial Order deadline to August 26, 2024.1

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I.

DISCOVERY COMPLETED:
A.

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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.

B.

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Initial and Rebuttal Expert Disclosures:
1.

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C.

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

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.
2.

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On July 25, 2018, SFR served its First Sets of Requests for Admission,
Interrogatories, and Requests for Production of Documents to U.S. Bank.

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3.

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

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August 24, 2024 falls on a Saturday.

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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.
D.

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Depositions:
1.

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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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4.

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.

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///

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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.
B.

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Depositions:
1.

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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
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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Since, the last stipulation to extend discovery, however, SFR has received communication from

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Doug Miles, but despite several assurances SFR will receive the documents, to date SFR still has

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not received the documents. SFR is relying on the production of these documents for the deposition

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of Rock Jung, which was scheduled for February 15, 2024, and is currently on hold for re-

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scheduling. Based on the communications from Doug Miles, SFR has held off on serving written

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discovery to U.S. Bank to obtain the same documents necessary to conduct the deposition of Rock

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Jung, but this extension will allow SFR to both issue written discovery to U.S. Bank while also

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affording Miles Bauer more time.
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

Monday, April 22, 2024

Monday, June 24, 2024

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Dispositive
Motions

Wednesday, May 22, 2024

Wednesday, July 24, 2024

Pre-Trial Order

Friday, June 21, 2024

Monday, August 26, 2024

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The parties submit this Stipulation and Order in good faith and not for purposes of delay

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or to prejudice any party.

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DATED this 1st day of April 2024.

DATED this 1st day of Aril 2024.

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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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