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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1 2 3 4 5 6 7 8 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: (702) 471-7000 Facsimile: (702) 471-7070 tasca@ballardspahr.com colesm@ballardspahr.com Attorneys for Defendant Federal Home Loan Mortgage Corporation IN THE UNITED STATES DISTRICT COURT 9 10 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 (702) 471-7000 FAX (702) 471-7070 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 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: 12 1. This Stipulation is entered into in good faith and not for purposes of delay. 13 2. Freddie Mac agrees to provide Plaintiff with a current Payoff Statement 14 for the Loan, within five (5) days of the date of this stipulation, and any updated payoff 15 statements thereafter as reasonably needed and requested by Plaintiff in order for 16 Plaintiff to provide information necessary for her motion for default judgment against 17 Nevada New Builds, LLC. 18 3. The Parties have agreed that further discovery and related motion 19 practice in this case, including Freddie Mac’s Reply in support of its Motion to Stay 20 Discovery, should be stayed pending the Court’s ruling on the Motion to Dismiss. 21 4. The Parties agree that staying discovery will further the goal of Fed. R. 22 Civ. P. 1 and avoid further costs and expenses and use of Court resources until this 23 Court rules on the Motion to Dismiss. 24 5. Following the Court’s ruling on the Motion to Dismiss, the Parties will 25 confer with respect to revised deadlines for discovery and discovery-related motion 26 practice, to the extent necessary. 27 [Continued on following page.] 28 2 DMFIRM #411010891 v1 1 DATED this 6th day of February 2024. 2 3 4 5 6 7 8 9 10 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: (702) 471-7000 Facsimile: (702) 471-7070 tasca@ballardspahr.com colesm@ballardspahr.com /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 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 BALLARD SPAHR LLP 13 14 15 16 17 ORDER IT IS SO ORDERED. Freddie Mac’s Motion to Stay Discovery (ECF No. 13) shall also be denied without prejudice as moot. 18 UNITED STATES MAGISTRATE JUDGE 19 20 DATED: 2/7/2024 21 22 23 24 25 26 27 28 3 DMFIRM #411010891 v1

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