Deutsche Bank National Trust Company as indenture Trustee for American Home Mortgage Investment Trust 2007-1 v. Old Republic Title Insurance Group, Inc. et al

Filing 11

ORDER SETTING CASE MANAGEMENT CONFERENCE: A video case management conference utilizing Zoom video conferencing technology is set for 12/18/2020 at 01:00 PM in Reno Courtroom 1 before Magistrate Judge Carla Baldwin. The court will send an email containing information required to join the Zoom video conference prior to the hearing date. If the party (or counsel) does not have access to a video or would like to appear by another means (i.e., telephonic), they are required to file a motion in advance of the hearing to appear by another means. The parties shall file a joint case management report by no later than the close of business on Friday, December 11, 2020. See the attached order for specifications. Signed by Magistrate Judge Carla Baldwin on 10/27/2020. (Copies have been distributed pursuant to the NEF - LGM)

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 1 of 7

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5

DUETSCHE BANK NATIONAL TRUST
COMPANY,
Plaintiff(s),

6
7
8
9

vs.

12
13
14
15
16
17
18
19
20

Defendant(s).
Pursuant to Federal Rule of Civil Procedure 16 and Local Rule (“LR”) 16-2, a case
management conference shall be set before United States Magistrate Judge Carla
Baldwin as the court concludes that a Rule 16 case management conference will assist
the parties, counsel, and the court.
A video case management conference utilizing Zoom video conferencing
technology is set before this Court on Friday, December 18, 2020 at 1:00 p.m. The
court will send an email containing information required to join the Zoom video
conference prior to the hearing date. If the party (or counsel) does not have access to a
video or would like to appear by another means (i.e., telephonic), they are required to
file a motion in advance of the hearing to appear by another means.

21
22
23
24

ORDER SETTING CASE
MANAGEMENT CONFERENCE

OLD REPUBLIC TITLE INSURANCE
GROUP, INC., et al.,

10
11

Case No. 3:20-CV-0523-MMD-CLB

The case management conference is mandatory and lead counsel or trial
counsel are required to appear via video conference for this hearing. 1 If there is a conflict
with the date and time for the hearing, counsel have leave to request that the conference
be continued. Counsel who have not made a formal appearance in the case or whose

25
26
27
1

28

Associate counsel and any other members of the public may attend this hearing via telephone by
dialing 877-336-1829, Access Code 2809752, Security Code 20535.

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 2 of 7

1
2
3
4
5
6
7
8
9
10
11

name does not appear on CM/EMF will not be permitted to appear. Moreover, failure to
attend the case management conference or attending the case management conference
without a thorough familiarity of the facts and the law related to the instant case may
result in sanctions.
In preparation for this case management conference, IT IS HEREBY ORDERED:
A.

Meet and Confer

Within twenty (20) days of the case management conference, lead counsel for
each party are ordered to meet and confer either, in person, or telephonically, to discuss
the following:
1.

Settlement: Counsel shall thoroughly discuss the possibility of

settlement before undertaking the preparation of the Joint Case Management Report or

12

engaging in extensive discovery. However, if after the initial meet and confer session,

13

settlement discussions are progressing, the parties must comply still with the

14

requirements of this order unless otherwise excused by the Court. If the entire case is

15

settled, the parties must promptly notify the Court and counsel’s presence, as well as a

16

Joint Case Management Report, will not be required.

17

2.

Electronically Stored Information (“ESI”): Prior to the meet and

18

confer session, each counsel should carefully investigate their respective client's

19

information management system so that they are knowledgeable as to its operation,

20

including how information is stored and how it can be retrieved. The parties shall meet

21

and attempt to agree on the following matters related to ESI:

22

a)

What types of ESI will be at issue in the case;

23

b)

The steps the parties will take to segregate and preserve

24
25

computer−based information in order to avoid accusations of spoliation;
c)

The scope of e−mail discovery and attempt to agree upon an

26

e−mail search protocol. This should include an agreement regarding inadvertent

27

production of privileged e−mail messages;

28

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 3 of 7

1
2
3

d)

necessary, the extent to which restoration of deleted information is needed, and who will
bear the costs of restoration;

4
5
6

e)

and,
f)

11

An agreed upon format of ESI disclosures, such as PDF vs.

Native Format, etc.

9
10

Whether or not back−up data may be necessary, the extent

to which back−up data is needed and who will bear the cost of obtaining back−up data;

7
8

Whether or not restoration of deleted information may be

3.

Issues Required For Case Management Report: The parties shall

meet and confer on all the various other items required in the Joint Case Management
Report.

12

B.

13

The parties shall file a Joint Case Management Report electronically on CM/ECF

14

no later than one (1) full week prior to the scheduled case management conference. This

15

report shall not exceed fifteen (15) pages and shall not include any attached exhibits.

Joint Case Management Report

16

However, if any party fails to participate in preparing the Joint Case Management

17

Report, the non−offending party shall detail the party's effort to get the offending party to

18

participate in drafting the report. The non−offending party shall still file the report one (1)

19

full week prior to the case management conference. The offending party may be subject

20

to sanctions, including monetary sanctions to compensate the non−offending party's time

21

and effort incurred in seeking compliance with this order.

22

C.

23

The joint case management report shall include the following information in

24
25
26
27
28

Contents of Joint Case Management Report

separately numbered paragraphs as designated below:
1.

A short statement of the nature of the case (three pages or less),

including a description of each claim and defense;

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 4 of 7

1
2
3
4
5
6
7
8
9

2.

The jurisdictional bases for the case, citing specific jurisdictional

statutes. If jurisdiction is based on diversity, the citizenship of each party shall be identified
and the amount in controversy must be stated;
3.

Whether any party expects to add additional parties to the case or

otherwise amend the pleadings;
4.

Whether there are any pending motions, including a brief description

of those motions;
5.

Whether this case is related to any other case pending before this

court or any other court, including a bankruptcy court, and if so, provide a brief description

10

of the status of those case(s);

11

6.

12
13
14
15

A complete and detailed statement related to discovery, which

addresses the following issues:
a)

The date the Rule 26(f) initial disclosures were provided, or

will be provided, by each party;
b)

A brief statement regarding, what discovery requests have

16

been served by any party, who the requests were served upon, and the due dates for

17

responses to those requests;

18

c)

Whether the parties anticipate the need for a protective

19

order relating to the discovery of information relating to a trade secret or other

20

confidential research, development, or commercial information;

21
22
23

d)

Any issues or proposals relating to the timing, sequencing,

phasing or scheduling of discovery;
e)

Whether the parties anticipate the need to take discovery

24

outside of the District of Nevada or the United States and, if so, a description of the

25

proposed discovery; and,

26
27
28

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 5 of 7

1
2
3

f)

anticipates taking, information related to the anticipated location of those depositions,
and whether any party anticipates video and/or sound recording of depositions.

4
5
6
7

7.

10

A brief statement regarding the types of ESI expected in the case,

where the ESI is located, a statement of any agreements reached by the parties related
to ESI on the issues listed above, and any outstanding disagreements between the
parties related to ESI.

8
9

A summary of the number of depositions each party

8.

In the event the Court has not already approved a discovery plan

and scheduling order, the parties shall include proposed firm dates for each of the
following pursuant to Local Rule 26-1:

11

a)

A deadline for the completion of discovery;

12

b)

A deadline for amending the pleadings and adding parties;

13

c)

Dates for complete disclosure of expert testimony;

14

d)

A deadline for the filing of dispositive; and,

15

e)

A date by which the parties will file the joint pretrial order.

16

The parties shall state whether the dates proposed in this paragraph are within

17

the deadlines specified in LR 26-1(e). If so, then the parties’ report shall state, “THE

18

DEADLINES SUBMITTED HEREIN ARE IN COMPLIANCE WITH LR 26-1(b).” If longer

19

deadlines are sought, the parties’ report shall state “SPECIAL SCHEDULING REVIEW

20

REQUESTED.” If the parties request special scheduling review of the LR 26-1(b)

21

deadlines, the parties shall include a statement of the reasons why longer or different

22

time periods should apply to the case. If the parties disagree as to the LR 26-1(b)

23

deadlines, a statement of each party’s position on each point of dispute should be

24

provided.

25

9.

Whether a jury trial has been requested, whether the request for a jury

26

trial is contested (if the request is contested, set forth reasons), and an estimated length

27

for trial.

28

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 6 of 7

1
2
3
4
5
6
7

10.

A statement as to the possibility of settlement and when the parties desire

a court sponsored settlement conference, i.e., before further discovery, after discovery,
after dispositive motions, etc.
11.

Whether the parties intend to proceed before the magistrate judge.

Presently, when a civil trial is set before the district judges, any criminal trial set that
conflicts with the civil trial will take priority, even if the civil trial was set first.
Continuances of civil trials under these circumstances may no longer be entertained,

8

absent good cause, but the civil trial may instead trail from day to day or week to week

9

until the completion of either the criminal case or the older civil case. The parties are

10

advised that they are free to withhold consent or decline magistrate jurisdiction without

11

adverse substantive consequences. 2 and,

12
13

12.

Whether either party requests bifurcation or phasing of trial or has any

other suggestion for shortening or expediting discovery, pre−trial motions or trial.

14

The parties are reminded that the filing of a dispositive motion does not stay a

15

case in federal court, nor does it excuse the parties with proceeding with their discovery

16

obligations as required by the Local Rules and the Federal Rules of Civil Procedure.

17

Failure to follow the Local Rules and comply with discovery obligations without first

18

obtaining an order from the court either delaying discovery requirements, staying

19

discovery or staying the entire case may result in sanctions.

20

Should counsel or a party appearing pro se fail to appear at the Joint Case

21

Management Conference, or fail to comply with the directions as set forth above,

22

an ex parte hearing may be held and contempt sanctions, including monetary

23
24
25

A form to be used for consent to proceed before the Magistrate Judge may be
found on the Court’s website, www.nvd.uscourts.gov/Forms.aspx (AO 85, Notice of
Availability of a U.S. Magistrate Judge). Consent forms should NOT be electronically
filed. Upon consent of all parties, counsel are advised to manually file the form with the
Clerk’s Office.
2

26
27
28

Case 3:20-cv-00535-MMD-CLB Document 11 Filed 10/27/20 Page 7 of 7

1
2
3
4

sanctions, dismissal, default, or other appropriate judgment, may be imposed
and/or ordered.
IT IS SO ORDERED.
Dated: October 27, 2020

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CARLA BALDWIN
UNITED STATES MAGISTRATE JUDGE