Estrada v. Federal Home Loan Mortgage Corporation et al

Filing 34

ORDER Granting 33 Stipulation to Stay Discovery and Denying without prejudice as moot 13 Motion to Stay Case. See Order for details. Signed by Magistrate Judge Brenda Weksler on 2/7/2024. (Copies have been distributed pursuant to the NEF - ALZ)

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Joel E. Tasca, Esq.
Nevada Bar No. 14124
Madeleine Coles, Esq.
Nevada Bar No. 16216
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Defendant Federal
Home Loan Mortgage Corporation
IN THE UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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FOR THE DISTRICT OF NEVADA
ELIZABETH ESTRADA,

CASE NO. 2:23-cv-01767-RFB-BNW

Plaintiff,
v.
NEVADA NEW BUILDS, LLC;
FEDERAL HOME LOAN MORTGAGE
CORPORATION; DOES I through X; and
ROE BUSINESS ENTITIES I through X,
inclusive;

STIPULATION AND ORDER TO STAY
DISCOVERY PENDING RESOLUTION
OF MOTION TO DISMISS

Defendants.
Pursuant to LR 7-1, Plaintiff Elizabeth Estrada (“Plaintiff”) and Defendant
Federal Home Loan Mortgage Corporation (“Freddie Mac”) (collectively, the “Parties”),
by and through their respective attorneys, hereby stipulate and request the Court to
stay discovery pending the Court’s ruling on Freddie Mac’s Motion to Dismiss
Plaintiff’s Complaint (ECF No. 4).
RECITALS
WHEREAS, Plaintiff filed her Complaint on September 20, 2023 (ECF No. 1),
and Freddie Mac removed Plaintiff’s Complaint to this Court on October 30, 2023 (ECF
No. 1).
WHEREAS Freddie Mac filed its Motion to Dismiss Plaintiff’s Complaint (ECF
No. 4) on November 6, 2023 (“Motion to Dismiss”).

DMFIRM #411010891 v1

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[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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WHEREAS, Plaintiff filed her response to the Motion to Dismiss (ECF No. 21)
on December 12, 2023.
WHEREAS, Freddie Mac filed its Reply to Response to Motion to Dismiss (ECF
No. 28) on January 9, 2024.
WHEREAS, Freddie Mac filed a Motion to Stay Discovery pending the Court’s
ruling on its Motion to Dismiss (ECF No. 13) on December 1, 2023.
WHEREAS, this Court entered a Discovery Plan and Scheduling Order on
December 4, 2023 (ECF No. 15).
WHEREAS, Plaintiff filed a Response to the Motion to Stay Discovery (ECF No.
27) on January 8, 2024.
THEREFORE, THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1.

This Stipulation is entered into in good faith and not for purposes of delay.

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2.

Freddie Mac agrees to provide Plaintiff with a current Payoff Statement

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for the Loan, within five (5) days of the date of this stipulation, and any updated payoff

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statements thereafter as reasonably needed and requested by Plaintiff in order for

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Plaintiff to provide information necessary for her motion for default judgment against

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Nevada New Builds, LLC.

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3.

The Parties have agreed that further discovery and related motion

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practice in this case, including Freddie Mac’s Reply in support of its Motion to Stay

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Discovery, should be stayed pending the Court’s ruling on the Motion to Dismiss.

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4.

The Parties agree that staying discovery will further the goal of Fed. R.

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Civ. P. 1 and avoid further costs and expenses and use of Court resources until this

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Court rules on the Motion to Dismiss.

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5.

Following the Court’s ruling on the Motion to Dismiss, the Parties will

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confer with respect to revised deadlines for discovery and discovery-related motion

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practice, to the extent necessary.

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[Continued on following page.]

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DMFIRM #411010891 v1

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DATED this 6th day of February 2024.

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HANKS LAW GROUP

By: Madeleine Coles
Joel E. Tasca, Esq.
Nevada Bar No. 14124
Madeleine Coles, Esq.
Nevada Bar No. 16216
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

/s/ Karen L. Hanks
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Ste. 110
Las Vegas, Nevada 89139

Attorneys for Defendant
Federal Home Loan Mortgage Corporation

Attorneys for Plaintiff

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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BALLARD SPAHR LLP

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ORDER
IT IS SO ORDERED. Freddie Mac’s Motion to Stay Discovery (ECF No. 13)
shall also be denied without prejudice as moot.

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UNITED STATES MAGISTRATE JUDGE

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DATED: 2/7/2024

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DMFIRM #411010891 v1