Ocwen Loan Servicing, LLC v. SFR Investments Pool 1, LLC et al, No. 2:2017cv01757 - Document 38 (D. Nev. 2018)
Court Description: ORDER granting 37 Stipulation; Discovery due by 9/21/2018. Motions due by 10/22/2018. Proposed Joint Pretrial Order due by 11/21/2018. Signed by Magistrate Judge Cam Ferenbach on 6/6/2018. (Copies have been distributed pursuant to the NEF - JM)
Download PDF
<![CDATA[
Ocwen Loan Servicing, LLC v. SFR Investments Pool 1, LLC et al 1 2 3 4 5 6 7 8 Doc. 38 DIANA S. EBRON, ESQ. Nevada Bar No. 10580 E-Mail: diana@kgelegal.com JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 E-Mail: jackie@kgelegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 E-Mail: karen@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139-5974 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorney for Defendant/Counterclaimant/Cross-Claimant, SFR Investments Pool 1, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 OCWEN LOAN SERVICING, LLC, Case No.: 2:17-cv-01757-JAD-VCF Plaintiff, 13 14 vs. STIPULATION AND ORDER TO AMEND SCHEDULING ORDER [ECF NO. 24] DEADLINES 15 SFR INVESTMENTS POOL 1, LLC; and SUNDANCE AT THE SHADOWS HOMEOWNERS’ ASSOCIATION, (FIRST REQUEST) 16 Defendants. 17 18 SFR INVESTMENTS POOL 1, LLC, 19 Counterclaimant/Cross-Claimant, 20 vs. 21 22 OCWEN LOAN SERVICING, LLC; FAITH L. NOBORIKAWA, an individual, 23 Counter-Defendant/Cross-Defendant. 24 /// 25 /// 26 /// 27 /// 28 -1Dockets.Justia.com 1 STIPULATION AND ORDER TO AMEND SCHEDULING ORDER [ECF NO. 24] DEADLINES 2 Plaintiff/Counter-Defendant 3 4 5 OCWEN LOAN SERVICING, LLC (“Ocwen”), Defendant/Counterclaimant/Cross-Claimant SFR INVESTMENTS POOL 1, LLC (“SFR”), and Defendant SUNDANCE AT THE SHADOWS HOMEOWNERS’ ASSOCIATION (“HOA”) (collectively, the “parties”), by and through their respective counsel of record, hereby 6 respectfully submit this Stipulation and Order to Amend Scheduling Order [ECF No. 24] 7 Deadlines pursuant to LR 26-4 and LR IA 6-1. This is the first stipulation for an extension of the 8 deadlines herein. 9 I. DISCOVERY COMPLETED: 10 A. Initial and Supplement Disclosures: 1. On November 22, 2017, HOA served its Initial Disclosures. 2. On December 22, 2017, Ocwen served its Initial Disclosures. 3. On April 11, 2018, Ocwen served its First Supplement to its Initial 12 (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 Disclosures. 15 4. On April 19, 2018, SFR served its Initial Disclosures. 16 B. Initial and Rebuttal Expert Disclosures: 17 On March 16, 2018, Ocwen served its Designation of Expert Witness. 18 C. Written Discovery: 19 1. On April 11, 2018, Ocwen served its First Set of Interrogatories to SFR. 2. On April 11, 2018, Ocwen served its First Sets of Requests for Admission, 20 21 Interrogatories, and Requests for Production of Documents to HOA. 22 3. On April 16, 2018, SFR served its First Sets of Requests for Admission, 23 Interrogatories, and Requests for Production of Documents to Ocwen. 24 D. Depositions: 25 1. On April 12, 2018, at 9:00 AM, SFR conducted the deposition of the Fed. 26 R. Civ. P. 30(b)(6) witness for Ocwen. 27 2. Ocwen set the deposition of the Fed. R. Civ. P. 30(b)(6) witness for non- 28 -2- 1 party NEVADA ASSOCIATION SERVICES, INC. (“NAS”) for May 8, 2 2018, at 1:30 PM; the deposition did not move forward due to the stay of 3 discovery imposed by the Stipulation and Order [ECF No. 34] entered on 4 May 2, 2018. 3. 5 6 for May 15, 2018, at 1:30 PM; the deposition did not move forward due to 7 the stay of discovery imposed by the Stipulation and Order [ECF No. 34] 8 entered on May 2, 2018. 4. (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 9 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 Ocwen set the deposition of the Fed. R. Civ. P. 30(b)(6) witness for HOA SFR set the deposition of the Fed. R. Civ. P. 30(b)(6) witness for non- 10 party FEDERAL HOME LOAN MORTGAGE CORPORATION a/k/a 11 FREDDIE MAC (“Freddie Mac”) for May 16, 2018, at 1:00 PM; the 12 deposition did not move forward due to the stay of discovery imposed by 13 the Stipulation and Order [ECF No. 34] entered on May 2, 2018. 5. 14 Ocwen set the deposition of the Fed. R. Civ. P. 30(b)(6) witness for SFR 15 for May 16, 2018, at 1:30 PM; the deposition did not move forward due to 16 the stay of discovery imposed by the Stipulation and Order [ECF No. 34] 17 entered on May 2, 2018. 18 II. SPECIFIC DESCRIPTION OF DISCOVERY THAT REMAINS TO BE 19 COMPLETED: 20 A. Written Discovery: 21 1. SFR’s Responses to Ocwen’s First Set of Interrogatories. 22 2. HOA’s Responses to Ocwen’s First Sets of Requests for Admission, Interrogatories, and Requests for Production of Documents. 23 24 3. Interrogatories, and Requests for Production of Documents. 25 26 27 Ocwen’s Responses to SFR’s First Sets of Requests for Admission, 4. Any additional written discovery by the parties as necessary pursuant to the discovery process. 28 -3- B. 1 2 1. Ocwen’s deposition of the Fed. R. Civ. P. 30(b)(6) witness for NAS. 3 2. Ocwen’s deposition of the Fed. R. Civ. P. 30(b)(6) witness for HOA. 4 3. Ocwen’s deposition of the Fed. R. Civ. P. 30(b)(6) witness for SFR. 5 4. SFR’s deposition of the Fed. R. Civ. P. 30(b)(6) witness for Freddie Mac. 6 5. Any additional depositions by the parties as necessary pursuant to the discovery process. 7 8 III. (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON REASONS WHY DISCOVERY WAS NOT COMPLETED WITHIN TIME LIMITS SET BY DISCOVERY PLAN: 9 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 Depositions1: 10 All discovery in this action was stayed pending a decision by the Court on SFR’s Motion 11 to Dismiss Ocwen’s First Amended Complaint [ECF No. 18], pursuant to the Stipulation and 12 Order [ECF No. 34] entered on May 2, 2018. In addition, Ocwen had filed a Motion for Leave to 13 Amend its First Amended Complaint [ECF No. 28], and no decision had yet been entered on 14 Ocwen’s Motion. On May 18, 2018, an Order [ECF No. 35] was entered by the Court denying 15 both SFR’s Motion to Dismiss and Ocwen’s Motion for Leave; as such, the stay of discovery 16 imposed by the foregoing Stipulation and Order was lifted on said date. 17 The discovery cut-off deadline of May 16, 2018, expired before the stay was lifted. 18 During the period of the stay, the parties all had outstanding responses to written discovery due 19 and four scheduled depositions were unable to move forward. After the stay was lifted, the 20 parties promptly met and conferred on May 24, 2018, and agreed to submit the instant 21 Stipulation to extend the discovery period by one hundred twenty (120) days from the date of the 22 conference. The parties have diligently engaged in discovery to date. However, the large volume 23 of similar NRS 116 homeowner association foreclosure cases involving the parties pending in 24 both federal and state courts gives rise to numerous scheduling conflicts and difficulties for the 25 parties and their respective Fed. R. Civ. P. 30(b)(6) witnesses, as well as the Fed. R. Civ. P. 26 30(b)(6) witnesses for non-parties. Given this and the requirement under the Scheduling Order 27 28 1 As noted in Section VI, Sub-Section 6 of the Scheduling Order [ECF No. 24], the parties agree to provide at least thirty (30) days’ notice prior to the date of any deposition, unless otherwise agreed. -4- (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 1 [ECF No. 24] that the parties provide at least thirty (30) days’ notice of any deposition, the 2 parties believe that the additional time for discovery will be necessary to adequately reschedule 3 and conduct the depositions of SFR, HOA, NAS, and Freddie Mac, as well as serve and respond 4 to any written discovery. 5 Furthermore, SFR just filed its responsive pleading to Ocwen’s First Amended 6 Complaint, as well as a Counterclaim against Ocwen and Cross-Claim against FAITH L. 7 NOBORIKAWA (“Noborikawa”) [ECF No. 36] on June 1, 2018. As such, SFR will need time to 8 serve Noborikawa with the Cross-Claim and conduct any necessary discovery. Accordingly, for 9 the reasons stated above, good cause exists for the parties’ requested extension of the discovery 10 deadlines. 11 IV. 12 Event Outstanding Responses to Previously Served Written Discovery PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY: Previous Deadline New Deadline SFR: Friday, May 11, 2018 HOA: Friday, May 11, 2018 Ocwen: Wednesday, May 16, 2018 SFR: Monday, July 9, 2018 HOA: Monday, July 9, 2018 Ocwen: Monday, July 9, 2018 Discovery CutOff Wednesday, May 16, 2018 Friday, September 21, 2018 17 Dispositive Motions Friday, June 15, 2018 Monday, October 22, 20182 18 Pre-Trial Order Friday, July 13, 2018 Wednesday, November 21, 20183 13 14 15 16 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// /// 2 Thirty (30) days after the new discovery cut-off deadline falls on Sunday, October 21, 2018. Pursuant to Fed. R. Civ. P. 6(a)(1)(C), the deadline is advanced to the next judicial day. 3 If dispositive motions are timely filed, the deadline for filing the Pre-Trial Order will be suspended until thirty (30) days after entry of the decision on the last such dispositive motion, or further order of the Court. The disclosures required by Fed. R. Civ. P. 26(a)(3) and any objections thereto must be included in the Pre-Trial Order. -5- 1 2 The parties submit this Stipulation and Order in good faith and not for purposes of delay or to prejudice any party. 3 4 5 DATED this 6th day of June, 2018. KIM GILBERT EBRON WRIGHT, FINLAY & ZAK, LLP /s/ Diana S. Ebron DIANA S. EBRON, ESQ. Nevada Bar No. 10580 E-Mail: diana@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139-5974 Attorney for Defendant/Counterclaimant/ Cross-Claimant, SFR Investments Pool 1, LLC /s/ E. Daniel Kidd E. DANIEL KIDD, ESQ. Nevada Bar No. 10106 E-Mail: dkidd@wrightlegal.net WRIGHT, FINLAY & ZAK, LLP 7785 West Sahara Avenue, Suite 200 Las Vegas, Nevada 89117-2789 Attorney for Plaintiff/Counter-Defendant, Ocwen Loan Servicing, LLC 6 7 8 9 10 12 (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 15 16 17 18 19 HONG & HONG, APLC /s/ Joseph Y. Hong JOSEPH Y. HONG, ESQ. Nevada Bar No. 5995 E-Mail: yosuphonglaw@gmail.com HONG & HONG, APLC 10781 West Twain Avenue Las Vegas, Nevada 89135-3044 Attorney for Defendant, Sundance at the Shadows Homeowners’ Association 20 21 ORDER 22 IT IS SO ORDERED: 23 24 UNITED STATES MAGISTRATE JUDGE 25 DATED: 26 27 28 -6- 6-6-2018
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
