Federal Housing Finance Agency, et al vs Thunder Properties, Inc.

Filing 16

MINUTES OF PROCEEDINGS - Status Conference held on 2/8/2017 before Magistrate Judge William G. Cobb. Crtrm Administrator: Katie Lynn Ogden; Pla Counsel: Leslie Hart (present obo: Federal Housing Finance Agency and Federal Home Loan Mortga ge Corporation) and Kelly Dove (telephonically obo: Federal National Mortgage Association); Def Counsel: Timothy Rhoda (telephonically); Recorder: FTR; Recording start and end times: 11:01:39 a.m. - 11:28:29 a.m.; Courtroom: 2. The parties' 13 Joint Motion for Leave to Extend the Deadline to File a Motion to Lift the Stay is GRANTED nunc pro tunc. Plaintiffs Federal Housing Finance Agency and Federal Home Loan Mortgage Corpora tion 14 Motion to Lift Stay and Enter Proposed Scheduling Order is GRANTED in part. The court imposes the deadline of 2/22/2017 for Plaintiffs to submit their amended complaint. Additionally, the deadline for initial disclosures as to all parties is also 2/22/2017. The following briefing schedule regarding dispositive motions addressing Bourne Valley is as follows: Dispositive motion based on Bourne Valley: 3/17/2017; Response to the motion: 4/14/2017; Counter dispositive motion (if contemplated by Defendant): 4/14/2017; Reply to response to dispositive motion: 4/28/2017; Response to a counter dispositive motion (if necessary): 5/ 5/2017. Plaintiffs' request that all discovery in the case be stayed until the resolution of dispositive motions based on Bourne Valley (ECF No. 14 , pg. 2, ¶ 5) is DENIED in part. The following scheduling order is enter ed: Discovery Cut Off: 10/27/2017; Dispositive Motion(s): 11/30/2017; Joint Pretrial Order: 12/29/2017. An Interim Status Conference is set for Friday, 4/7/2017 at 10:00 a.m. , in Reno Courtroom 2 before Magistrate William G. Cobb. Counsel wishing to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the security code 4717 approximately five (5) minutes prior to the hearing.The parties shall file a joint status report no later than close of business 4/4/2017. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - KO)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FEDERAL HOUSING
FINANCE AGENCY, et al.,

)
)
)
Plaintiffs,
)
)
vs.
)
)
THUNDER PROPERTIES, INC.,
)
)
Defendant.
)
___________________________________ )

Case No. 3:16-cv-00461-RCJ-WGC
MINUTES OF PROCEEDINGS

February 8, 2017

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

Katie Lynn Ogden

REPORTER:

FTR

COUNSEL FOR PLAINTIFFS: Leslie Hart (present obo: Federal Housing Finance Agency and
Federal Home Loan Mortgage Corporation) and Kelly Dove (telephonically obo: Federal
National Mortgage Association)
COUNSEL FOR DEFENDANT:

Timothy Rhoda (telephonically)

MINUTES OF PROCEEDINGS: Status Conference
11:01 a.m. Court convenes.
The court advises counsel that after reaching out to Judge Jones’ chambers and discussing
the stay in the case, the parties’ Joint Motion for Leave to Extend the Deadline to File a Motion
to Lift the Stay (ECF No. 13) is GRANTED nunc pro tunc.
The court addresses Plaintiffs Federal Housing Finance Agency and Federal Home Loan
Mortgage Corporation Motion to Lift Stay and Enter Proposed Scheduling Order (ECF No. 14).
The motion is GRANTED in part and the court next addresses with counsel establishing a
briefing scheduling as to the Bourne Valley matter, as well as a scheduling order in the instant
matter.
Ms. Hart advises the court that her clients anticipate filing an amended complaint to add
Plaintiff parties only; Plaintiffs do not intend to amend the claims asserted in the current
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Minutes of Proceedings
3:16-cv-00461-RCJ-WGC
February 8, 2017
complaint (ECF No. 1). Ms. Hart states the amended complaint can be on file within two weeks.
Mr. Rhoda explains he is under the impression that the Plaintiffs may moved forward with an
amended complaint because Defendant has not filed an answer to the original complaint as of
today’s date.
The court imposes the deadline of Wednesday, 2/22/2017 for Plaintiffs to submit their
amended complaint. Additionally, the deadline for initial disclosures as to all parties is also
Wednesday, 2/22/2017.
After considering the anticipation of an amended complaint being filed and an answer
thereafter being submitted, the following briefing schedule regarding dispositive motions
addressing Bourne Valley is as follows:
•

Deadline to file dispositive motion based on Bourne Valley: Friday, 3/17/2017;

•

Deadline to file a response to the motion: Friday, 4/14/2017;

•

Deadline to file a counter dispositive motion (if contemplated by Defendant):
Friday, 4/14/2017;

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Deadline to file a reply to the motion: Friday, 4/28/2017;

•

Deadline to file a response to a counter dispositive motion (if necessary):
Friday, 5/5/2017.

The court explains to counsel its reluctance staying discovery and its overall decision to
enter a scheduling order at this time. It is therefore ordered that the Plaintiffs’ request that all
discovery in the case be stayed until the resolution of dispositive motions based on Bourne Valley
(ECF No. 14, pg. 2, ¶ 5) is DENIED in part. The following scheduling order is entered:
•

Discovery Cut Off: Friday, 10/27/2017;

•

Disclosure of Experts: Friday, 8/25/2017;

•

Rebuttal Experts: Friday, 9/22/2017;

•

Dispositive Motion(s): Thursday, 11/30/2017;

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Minutes of Proceedings
3:16-cv-00461-RCJ-WGC
February 8, 2017
•

Joint Pretrial Order: Friday, 12/29/2017. In the event dispositive motions are
filed , the deadline for filing the joint pretrial order will be suspended until 30
days after decision on the dispositive motions or further court order.

An Interim Status Conference is set for Friday, 4/7/2017 at 10:00 a.m. Counsel wishing
to appear telephonically shall dial 1-877-873-8017, enter the access code 3416460, and enter the
security code 4717 approximately five (5) minutes prior to the hearing.
The parties shall file a joint status report no later than close of business Tuesday,
4/4/2017. If the court finds the status conference is unnecessary, the court will vacate the
hearing.
There being no additional matters to address at this time, court adjourns at 11:28 a.m.

DEBRA K. KEMPI, CLERK OF COURT
By:

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/s/
Katie Lynn Ogden, Deputy Clerk