Bivona-Truman v. Nations Direct Mortgage, LLC

Filing 33

ORDER granting 32 Joint Stipulated Discovery Plan and Scheduling Order. Discovery due by 6/2/2025. Motions due by 7/2/2025. Proposed Joint Pretrial Order due by 8/1/2025. Signed by Magistrate Judge Nancy J. Koppe on 9/23/2024. (Copies have been distributed pursuant to the NEF - CAH)

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Nations Direct Mortgage, LLC, No. 2:24-cv-00614. [ECF No. 23.] The third related

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action, Brown v. Nations Direct Mortgage, LLC, No. 2:24-cv-00697, was voluntarily dismissed.

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[ECF No. 26.]

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The Parties sought an early mediation in this matter on July 2, 2024 before the Honorable

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Morton Denlow (Retired) of JAMS. Based on this early mediation effort, the Parties sought a

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stay of the entire action. [ECF No. 24.] The Parties did not settle the matter as detailed in the

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Parties’ Joint Status Report. [ECF No. 27.] In the Joint Status Report, the Parties agreed to

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proceed with certain deadlines as set forth below.

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Due to the nature of the consolidated class actions and the Parties’ attempt for an early

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informal resolution, the Parties are seeking a Special Scheduling Order for this matter.

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B.

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Appointment of Interim Class Counsel
Plaintiffs filed and served their motion to appoint class counsel on Wednesday,

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September 11, 2024. [ECF No. 29.]

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C.

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Initial Disclosures
The Parties will serve their initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) on or

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before Friday, September 20, 2024.

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D.

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Filing and Service of CCAC
Plaintiffs will file and serve their Consolidated Class Action Complaint (“CCAC”) by

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Friday, October 18, 2024.

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E.

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Response to CCAC
NDM will respond to the CCAC by Monday, December 2, 2024.

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Discovery Plan Local Rule 26-1(b)(1)

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Pursuant to LR 26-1(e)(1), the Parties request that discovery begin from the date after

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NDM’s December 2, 2024 response to the CCAC. The discovery deadlines herein have been

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calculated from that date. The reasoning behind the delay in discovery is because the case is not

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currently at issue while the parties await the filing of the CCAC to determine (i) the named

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plaintiffs, (ii) the causes of action arising under Nevada, California or federal law, (iii) the form

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of damages alleged by plaintiffs, i.e., statutory, contract and/or tort, (iv) the alleged damages to

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