Capital One, National Association v. SFR Investments Pool 1, LLC et al, No. 2:2017cv00604 - Document 385 (D. Nev. 2021)
Court Description: ORDER granting 384 Motion to Extend Time. Discovery deadlines are extended by 30 days. Signed by Magistrate Judge Brenda Weksler on 6/29/2021. (Copies have been distributed pursuant to the NEF - DRS) (Main Document 385 replaced on 6/29/2021) (SLD).
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Capital One, National Association v. SFR Investments Pool 1, LLC et al Doc. 385 Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 1 of 7 1 DAVID A. HUBBERT Acting Assistant Attorney General 2 8 E. CARMEN RAMIREZ TY HALASZ Trial Attorneys, Tax Division U.S. Department of Justice P.O. Box 683 Washington, D.C. 20044 T: (202) 616-2885 (Ramirez) T: (202) 307-6484 (Halasz) F: (202) 307-0054 E.Carmen.Ramirez@usdoj.gov Ty.Halasz@usdoj.gov Western.Taxcivil@usedoj.gov 9 Counsel for the United States of America 3 4 5 6 7 10 WRIGHT, FINLAY & ZAK, LLP 11 Darren T. Brenner (Nev. Bar 8386) Jory C. Garabedian (Nev. Bar 10352) 7785 W. Sahara Ave, Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 dbrenner@wrightlegal.net 12 13 14 15 20 21 22 23 24 25 LIPSON NEILSON, COLE, SELTZER & GARIN, P.C. J. WILLIAM EBERT (Nev. Bar 2697) JANEEN V. ISAACSON (Nev. Bar 6429) 9900 Covington Cross Dr., Ste. 120 Las Vegas, Nevada 89144 Counsel for Anthem Country Club Community Association IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 17 19 DIANA S. EBRON (Nev. Bar 10580) JACQUELINE GILBERT (Nev. Bar 10593) KAREN L. HANKS (Nev. Bar 9578) 7625 Dean Martin Drive, Ste. 110 Las Vegas, Nevada 89139 Counsel for SFR Investments Pool 1, LLC Counsel for Rocktop Partners, LLC; and Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A 16 18 KIM GILBERT EBRON ROCKTOP PARTNERS, LLC; and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee of Stanwich Mortgage Loan Trust A, Plaintiffs, v. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; and ANTHEM COUNTRY CLUB COMMUNITY, ASSOCIATION, a Nevada nonprofit corporation, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-00604-RFB-BNW consolidated with Case No. 2:17-cv-00916-KJD-BNW JOINT MOTION BY THE ACTIVELY LITIGATING PARTIES TO EXTEND COURT’S DEADLINES TO BRING DISCOVERY MOTIONS TO FACILITATE EFFORTS TO 1 Dockets.Justia.com Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 2 of 7 1 2 3 Defendants. _______________________________________ SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 4 Counterclaimant/Crossclaimant, 5 v. 6 7 8 ROCKTOP PARTNERS, LLC; WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee of Stanwich Mortgage Loan Trust A; LEON BENZER, an individual; and UNITED STATES OF AMERICA, 9 10 Cross-Defendants, Counter-Defendants. _______________________________________ 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 15 16 17 LEON BENZER; SFR INVESTMENTS POOL 1, LLC; ROCKTOP PARTNERS, LLC; WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee of Stanwich Mortgage Loan Trust A; ANTHEM COUNTRY CLUB COMMUNITY ASSOCIATION; and REPUBLIC SILVER STATE DISPOSAL INC., 18 19 20 21 Defendants. _______________________________________ ROCKTOP PARTNERS, LLC; and WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee of Stanwich Mortgage Loan Trust A, 22 23 Cross-Claimants, Counter-Claimants, 24 v. 25 2 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) COMPROMISE AND [PROPOSED] ORDER (SECOND REQUEST UNDER CURRENT SCHEDULING ORDER) Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 3 of 7 1 2 3 4 5 UNITED STATES OF AMERICA; LEON BENZER, an individual; SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; and ANTHEM COUNTRY CLUB ASSOCIATION, a Nevada corporation, ) ) ) ) ) ) Cross-Defendants, ) Counter-Defendants. ) _______________________________________ ) ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 4 of 7 The Court has permitted discovery to be re-opened for a limited purpose and set an 1 2 expedited briefing schedule to resolve any discovery disputes. The parties are attempting to 3 resolve potential disputes without motions practice, and are also exploring possible settlement. 4 In the interest of avoiding unnecessary discovery motions and to allow the parties to focus on a 5 possible settlement, Anthem Country Club Community Association (“Anthem”), SFR 6 Investments Pool 1, LLC (“SFR”), Rocktop Partners LLC (“Rocktop”) and Wilmington Savings 7 Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A (“Wilmington”)1 and the 8 United States thus jointly move the Court for an order extending discovery deadlines, including 9 the deadlines for bringing discovery motions and dispositive motions, by 30 days. 10 MEMORANDUM OF POINTS AND AUTHORITIES On December 20, 2020, the Court ordered that discovery be re-opened, in light of new 11 12 issues that arose after most discovery had closed. (ECF No. 342 at 19.) The Court also indicated 13 that discovery disputes should be resolved promptly, and directed that: 14 [i]f there are any objections to any requests, parties are to meet and confer within seven days of learning of such objection. If there is no resolution reached at the meet and confer, the party moving for Court involvement must file a motion within three days of the meet and confer. The responding party will have two days to respond. No reply will be allowed. 15 16 17 (Id.) Discovery is currently set to close August 9, 2021. (ECF No. 383.) On April 27, 2021, the United States issued written requests for discovery to Rocktop and 18 19 Wilmington based on a new production of documents by Rocktop and Wilmington. After the 20 United States sent the requests, Rocktop and Wilmington hired new counsel. (See ECF Nos. 377 21 and 378 (orders granting motions to substitute attorneys).) Rocktop and Wilmington are now 22 represented by the counsel listed above. The United States agreed to allow Rocktop and 23 24 1 25 None of the other named parties are actively litigating. 4 Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 5 of 7 1 Wilmington additional time to respond, beyond the 30 days generally permitted in the Federal 2 Rules of Civil Procedure, so as to allow the new counsel time to become more familiar with the 3 case. The United States had also noticed a Rule 30(b)(6) deposition. The parties agreed to 4 postpone the deposition until Rocktop and Wilmington provided discovery responses, so that the 5 new counsel would have time to prepare a witness, and to see if the topics could be streamlined 6 based on the discovery responses. Rocktop and Wilmington served its responses to the written 7 discovery requests on June 17, 2021. While they answered many of the requests in full or in 8 part, they objected to certain portions of the requests. 9 The United States and Rocktop and Wilmington promptly scheduled a meet and confer to 10 discuss the objections. They spoke by telephone on June 22, 2021, which, due to the recently 11 announced federal holiday on June 18, 2021, was only two business days after the responses 12 were served. SFR was also present during the call. Counsel for Anthem was not present on this 13 occasion, but Anthem has otherwise been participating in the litigation. The United States had 14 sent Rocktop and Wilmington a number of questions before the call. 15 The parties spent significant time during the call discussing prior settlement discussions 16 with Rocktop and Wilmington’s new counsel, who had not been involved in the earlier talks, and 17 discussing a new possible settlement. The parties had a number of questions and issues 18 regarding a settlement to discuss with their clients. They agreed that it made sense to table 19 discovery discussions temporarily, so as to focus on settlement, and to give Rocktop and 20 Wilmington more time to consider and respond to the United States’ specific questions. 21 The parties therefore request an extension of discovery deadlines for 30 days from the 22 date of the Court’s order. They request 30 days, rather than a shorter period, to allow them to 23 more fully explore settlement, in light of the upcoming July 4 holiday and potential vacation 24 schedules. The request is not to create undue delay, but to allow the parties to streamline the 25 5 Case 2:17-cv-00604-RFB-BNW Document 384 Filed 06/24/21 Page 6 of 7 1 potential discovery disputes, to narrow the scope of a previously-noticed deposition, and to 2 explore settlement of their title disputes more globally during a booming real estate market. 3 WHEREFORE, the undersigned respectfully request that the Court extend discovery 4 deadlines, including the deadlines for bringing motions concerning the pending objections to the 5 United States’ written discovery requests, as well as the dispositive motion deadline, by 30 days. 6 DATED June 23, 2021 7 8 9 10 11 12 13 14 15 16 17 LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. KIM GILBERT EBRON By: /s/ Janeen V. Isaacson J. William Ebert (Nev. Bar No. 2697) Janeen V. Isaacson (Nev. Bar No. 6429) 9900 Covington Cross Dr., Ste. 120 Las Vegas, Nevada 89144 By: /s/ Diana S. Ebron Diana S. Ebron (Nev. Bar No. 10580) Jacqueline Gilbert (Nev. Bar No. 10593) Karen L. Hanks (Nev. Bar No. 9578) 7625 Dean Martin Drive, Ste. 110 Las Vegas, Nevada 89139 Counsel for Anthem Country Club Community Association By: /s/ Ty Halasz E. Carmen Ramirez Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Washington, DC 20044 Counsel for the United States WRIGHT, FINLAY & ZAK, LLP 19 By: /s/ Jory C. Garabedian Darren T. Brenner (Nev. Bar 8386) Jory C. Garabedian (Nev. Bar 10352) 7785 W. Sahara Ave, Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 dbrenner@wrightlegal.net 21 22 23 24 Counsel for SFR Investments Pool 1, LLC DAVID A. HUBBERT Acting Assistant Attorney General 18 20 Respectfully submitted, IT IS SO ORDERED IT IS SO ORDERED: DATED: 11:05 am, June 29, 2021 _____________________________ UNITED STATES DISTRICT JUDGE or UNITED STATES MAGISTRATE JUDGE BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE Counsel for Rocktop Partners, LLC; and Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A 25 6
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