Webster Financial Corporation et al v. Webster Capital Finance Inc. et al, No. 2:2018cv02223 - Document 29 (D. Nev. 2020)

Court Description: ORDER GRANTING ECF No. 28 Motion to Extend Time : Plaintiffs shall have until December 9, 2020, to conduct additional post-judgment discovery. Signed by Chief Judge Miranda M. Du on 7/29/2020. (Copies have been distributed pursuant to the NEF - DRM)

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Webster Financial Corporation et al v. Webster Capital Finance Inc. et al Doc. 29 Case 2:18-cv-02223-MMD-EJY Document 29 Filed 07/29/20 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 11 David S. Kahn, Esq. Nevada Bar No.: 7038 I-Che Lai, Esq. Nevada Bar No.: 12247 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 300 South 4th Street, 11th Floor Las Vegas, Nevada 89101 Tel: (702) 727-1400; Fax: (702) 727-1401 David.Kahn@wilsonelser.com I-Che.Lai@wilsonelser.com Gail E. Podolsky (admitted pro hac vice) Georgia Bar No. 142021 CARLTON FIELDS 1201 West Peachtree Street, Suite 3000 Atlanta, Georgia 30309 Tel: (404) 815-2714; Fax: (404) 815-3415 gpodolsky@carltonfields.com Attorneys for Plaintiffs 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 14 15 16 WEBSTER FINANCIAL CORPORATION, WEBSTER BANK, NATIONAL ASSOCIATION, and WEBSTER CAPITAL FINANCE, INC. Case No. 2:18-cv-02223-MMD-GWF MOTION FOR EXTENSION OF TIME TO COMPLETE POST-JUDGMENT DISCOVERY AND INCORPORATED MEMORANDUM OF LAW Plaintiffs, 17 v. 18 19 20 21 22 WEBSTER CAPITAL FINANCE INC., FIFIK PRIVATE LOANS, FIFIK JAN, SAMUEL HOWARD, ALEX HAMPSOM, various JOHN and JANE DOES 1-10, and XYZ COMPANIES 1-10 (UNIDENTIFIED), (Third Request) Defendants. 23 24 Plaintiffs Webster Financial Corporation, Webster Bank, National Association, and 25 Webster Capital Finance, Inc. (collectively, “Webster”), pursuant to Fed. R. Civ. P. 6(b) and 26 Local Rule IA 6-1, hereby move for entry of an order extending the post-judgment discovery 27 period by four (4) months, through and including, December 9, 2020. 28 1 123147285.v1 Dockets.Justia.com Case 2:18-cv-02223-MMD-EJY Document 29 Filed 07/29/20 Page 2 of 6 1 On January 9, 2020, Webster sought an extension of time to conduct post-judgment 2 discovery in order to take the deposition of Erhomarhua Afure1, obtain documents from him, and 3 conduct any additional discovery based on what Webster learned during the deposition. [ECF 4 No. 23.] Webster’s request for an extension was subsequently granted. [ECF No. 24.] 5 On February 20, 2020, Webster filed a miscellaneous action with the United States 6 District Court for the Southern District of Florida to compel Mr. Afure to produce documents 7 and sit for a deposition. On March 20, 2020, United States Magistrate Judge Jared M. Strauss 8 ordered Mr. Afure to produce documents and sit for a deposition. COVID-19 prevented Webster from taking Mr. Afure’s deposition as Webster prefers to 9 10 take an in-person deposition. Subsequently, on April 8, 2020, Webster sought a second 11 extension of time to conduct post-judgment discovery [ECF No. 25], and the request was granted 12 [ECF No. 26]. 13 Even though the parties agreed to postpone Mr. Afure’s deposition to a future date in the 14 hopes that the deposition could be taken in person, Mr. Afure’s counsel refused to agree to a 15 specific date. To date, Mr. Afure’s counsel refuses to provide depositions dates for this client. 16 Accordingly, Webster was forced to seek judicial intervention in the miscellaneous action. 17 On July 23, 2020, in the miscellaneous action, United States District Court for the 18 Southern District of Florida Judge Rodolfo Ruiz ordered a telephonic status conference for 19 August 3, 2020 to discuss the deposition of Mr. Afure. Because Webster has been unable to take 20 Mr. Afure’s deposition, Webster requests additional time to conduct post-judgment discovery. 21 Accordingly, Webster requests that this Court extend the post-judgment discovery 22 deadline set forth in the Final Judgment for four (4) months, through and including, December 9, 23 24 25 26 27 28 1 Erhomarhua Afure is the signatory on the bank account that received the proceeds from at least one of the fraudulent loans provided by the Defendants. As detailed in Webster’s first motion to extend post-judgment discovery, Mr. Afure is likely to have highly relevant information, including documents regarding Defendants’ business, the profits earned by Defendants, and the location of the Defendants and their assets. This information is necessary for Webster to quantify its damages. See 15 U.S.C. 1117 (stating that a plaintiff may recover defendant’s gross profits under the Lanham Act). To date, Webster has been unable to ascertain this information from the other third-party discovery it has received. It is also likely that Mr. Afure will disclose additional third-parties that Webster will need to subpoena. 2 123147285.v1 Case 2:18-cv-02223-MMD-EJY Document 29 Filed 07/29/20 Page 3 of 6 1 2020. This extension will allow Webster to take the deposition of Mr. Afure and conduct further 2 discovery using any information learned from his deposition. 3 This is the third request for an extension of time. The request is necessitated by the 4 COVID-19 pandemic and Webster having to seek further judicial intervention to depose Mr. 5 Afure. No party will be prejudiced by this extension and it will not affect any other pending 6 deadlines set by the Court. See, e.g., United States v. $1,020,378.05 U.S. Currency, 26 F.3d 134 7 (9th Cir. 1994) (noting that the district court granted a three-month extension of the discovery 8 cutoff date); Pyankovska v. Abid, 216CV2942JCMBNW, 2019 WL 6609690, at *2 (D. Nev. 9 Dec. 5, 2019) (“The court gave defendant an additional 60 days to complete discovery”); Farace 10 v. Am. Airlines, Inc., 2:10-CV-00724-KJD, 2011 WL 5239227, at *2 (D. Nev. Nov. 1, 2011) 11 (extending discovery for ninety (90) days); Shops at Grand Canyon 14, LLC v. Rack Room 12 Shoes, Inc., 2:09-CV-01234-RLH, 2010 WL 4181361, at *4 (D. Nev. Oct. 20, 2010) (granting 13 motion to extend discovery to permit the parties to take certain depositions). 14 A proposed order is attached. 15 Respectfully submitted this 29th day of July, 2020. 16 By: /s/ Gail Podolsky David S. Kahn Nevada Bar No. 7038 I-Che Lai, Esq. Nevada Bar No. 12247 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 300 South 4th Street, 11th Floor Las Vegas, Nevada 89101 (702) 727-1400 (702) 727-1401 (fax) David.Kahn@wilsonelser.com I-Che.Lai@wilsonelser.com 17 18 19 20 21 22 23 24 Gail E. Podolsky (admitted pro hac vice) Georgia Bar No. 142021 CARLTON FIELDS 1201 West Peachtree Street, Suite 3000 Atlanta, Georgia 30309 (404) 815-2714 (404) 815-3415 (fax) 25 26 27 28 3 123147285.v1 Case 2:18-cv-02223-MMD-EJY Document 29 Filed 07/29/20 Page 4 of 6 1 gpodolsky@carltonfields.com 2 Attorneys for Plaintiffs Webster Financial Corporation, Webster Bank, National Association, and Webster Capital Finance, Inc. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 123147285.v1 Case 2:18-cv-02223-MMD-EJY Document 29 Filed 07/29/20 Page 5 of 6 CERTIFICATE OF SERVICE 1 2 3 I hereby certify that the foregoing pleading was electronically filed with the Clerk by 4 using the CM/ECF system, which will send a notice of electronic filing to all registered users of 5 the CM/ECF system. 6 This 29th day of July, 2020. 7 8 /s/ Gail Podolsky Gail Podolsky 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 123147285.v1 Case 2:18-cv-02223-MMD-EJY Document 29 Filed 07/29/20 Page 6 of 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 WEBSTER FINANCIAL CORPORATION, et. al., Case No. 2:18-cv-02223-MMD-GWF 12 Plaintiffs, 13 14 ORDER GRANTING MOTION FOR EXTENSION OF TIME TO COMPLETE POST-JUDGMENT DISCOVERY v. WEBSTER CAPITAL FINANCE INC., et. al., 15 16 Defendants. 17 18 THIS CAUSE having come before this Court pursuant to Plaintiffs’ Motion for Extension 19 of Time to Complete Post-Judgment Discovery, and the Court having been fully advised in the 20 premises, it is hereby 21 ORDERED AND ADJUDGED: 22 1. The motion is hereby GRANTED in its entirety. 23 2. Plaintiffs shall have until December 9, 2020, to conduct additional post-judgment 24 25 discovery. 29th day of ________________, July DONE AND ORDERED this _____ 2020. 26 ____________________________________ THE HONORABLE MIRANDA M. DU UNITED STATES DISTRICT JUDGE 27 28 120799526.v1

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