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

Filing 81

ORDER granting 80 Stipulation TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES (Fourth Request). Discovery due by 8/8/2024. Motions due by 9/9/2024. Proposed Joint Pretrial Order due by 10/9/2024. Signed by Magistrate Judge Brenda Weksler on 6/17/2024. (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

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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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(Fourth 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 fourth request for an extension of the deadlines.

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On June 14, 2024, the parties discussed the necessity to extend the discovery and

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dispositive motion deadlines. In January 2024, SFR served a subpoena duces tecum on Miles

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Bauer Bergstrom & Winters. Despite several follow-up emails with Douglas Miles, the Custodian

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of Records for Miles Bauer Bergstrom & Winters and despite repeated assurances from Mr. Miles

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that he was working on compiling the documents responsive to the subpoena, by early May 2024,

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Miles Bauer had still not answered the subpoena duces tecum. As a result, on May 7, 2024, SFR

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issued requests for production of documents to U.S. Bank which mirrored the requests to Miles

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Bauer. On June 3, 2024, 21-days before the close of discovery, SFR counsel’s emailed U.S. Bank’s

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counsel and inquired whether U.S. Bank would be responding to the requests for production of

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documents which were due on May 6, 2024. U.S. Bank’s counsel indicated yes it would be

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responding.

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In anticipation of receiving the responses, on June 3, 2024, SFR’s counsel also emailed

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Rock Jung to re-schedule his deposition within the discovery period. As indicated in the parties’

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prior stipulations, SFR cannot depose Mr. Jung until it receives the documents it requested of Miles

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Bauer/U.S. Bank. On June 6, 2024, Mr. Jung responded that he was currently working remotely

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overseas for the summer and was not available any time within the discovery period. On that same

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date, SFR’s counsel asked when he was arriving back and also indicated the deposition could be

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taken remotely. To date, Mr. Jung has not responded. On that same date, SFR’s counsel updated

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U.S. Bank’s counsel about the email exchange.

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On May 6, 2024, SFR received U.S. Bank’s responses, but believes the responses are not

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full and complete. As such, on June 14, 2024, SFR’s counsel and U.S. Bank’s counsel conducted

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a meet and confer wherein U.S Bank agreed to re-look at its production and produce additional

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documents, although there may be some documents that U.S. Bank objects to providing. U.S

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Bank’s counsel indicated he will be out of town from June 24 and July 5, so between now and a

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little after that date, the parties plan to work together on getting the documents requested by SFR.

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To the extent there are objections to some, SFR and U.S. Bank reserve the right to file any

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necessary motions.

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The parties hereby request to extend the discovery deadlines to August 8, 2024, the

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dispositive motions deadline to September 9, 2024,1 and the Pre-trial Order deadline to October 9,

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2024. Excusable neglect exists for not filing this stipulation 21-days before the discovery cut-off

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because on June 3, 2024, (21-days before discovery cut-off) SFR verified it was going to receive

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responses to the requests for production of documents and believed these responses would be

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September 8, 2024 falls on a Sunday.

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complete and then attempted to re-set Mr. Jung’s deposition within the discovery period based on

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this understanding. It was not until June 6, 2024 that SFR learned Mr. Jung was not available for

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deposition and then it was not until June 10, 2024, SFR realized the responses were not complete.

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On that date, SFR arranged for a meet and confer which took place as soon as practicable.

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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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7.

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

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10.

On March 11, 2024, U.S. Bank served its Seventh Supplemental
Disclosures.

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11.

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B.

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Initial and Rebuttal Expert Disclosures:
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C.

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

Written Discovery:
1.

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On June 5, 2024, U.S. Bank served its Eighth Supplemental Disclosures.

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.

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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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4.

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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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On May 7, 2024, SFR served its Requests for Production of Documents to
U.S. Bank.

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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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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.

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Written Discovery:
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Follow-up requests based on the documents produced by U.S. Bank.

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B.

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Depositions:
1.

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SFR’s deposition of Rock Jung to be rescheduled. This deposition cannot

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be scheduled until SFR receives the documents it is seeking from Miles

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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 26-3, because this stipulation is being submitted after the twenty-one

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(21) days before the discovery deadline, the parties must demonstrate excusable neglect. Excusable

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neglect is present to allow the parties an additional forty-five (45) days to complete the remaining

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discovery. Specifically, SFR served a subpoena for records to Miles Bauer on January 25, 2024,

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and although the February 9, 2024, deadline to respond passed without any response from Miles

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Bauer, SFR kept receiving emails from Doug Miles assuring SFR it he was working on compiling

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the documents. By early May 2024, still having not received the responses, SFR issued mirror

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requests to U.S. Bank. On June 3, 2021, the 21-day deadline, SFR asked whether U.S. Bank

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intended to respond and was told it did. But on June 6, 2024, when SFR received U.S. Bank’s

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responses, SFR believed the responses were incomplete, and promptly scheduled a meet and confer.

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During this same time period, SFR learned Mr. Jung is not available for deposition and has not

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received follow-up communication from Mr. Jung. While motion practice may still be necessary,

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and SFR and U.S. Bank reserve the right to file any motions they deem necessary, U.S. Bank and

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SFR are hopeful the issues will be resolved.
Accordingly, for the reasons stated above, excusable neglect exists for the parties’

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requested extension of the discovery and dispositive motion deadlines.

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IV.

PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY:

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Event

Previous Deadline

New Deadline

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Discovery Cut-off

Monday, June 24, 2024

Thursday, August 8, 2024

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Dispositive Motions

Wednesday, July 24, 2024

Monday, September 9, 2024

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Pre-Trial Order

Monday, August 26, 2024

Wednesday, October 9, 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 14th day of June 2024.

DATED this 14th day of June 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
DATED: 6/17/2024

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