SFR Investments Pool 1, LLC v. Bank of America, N.A., No. 2:2019cv01534 - Document 61 (D. Nev. 2021)
Court Description: ORDER granting 59 Stipulation; Discovery due by 9/16/2021. Motions due by 10/15/2021. Proposed Joint Pretrial Order due by 11/15/2021. Signed by Magistrate Judge Daniel J. Albregts on 6/16/2021. (Copies have been distributed pursuant to the NEF - DRS)
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SFR Investments Pool 1, LLC v. Bank of America, N.A. Doc. 61 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 1 of 14 1 2 3 4 5 6 Douglas D. Gerrard, Esq. Nevada Bar No. 4613 dgerrard@gerrard-cox.com Fredrick J. Biedermann, Esq. Nevada Bar No. 11918 fbiedermann@gerrard-cox.com GERRARD COX LARSEN 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 Tel: (702)796-4000 Fax: (702)796-4848 7 8 10 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 11 12 13 14 Natalie L. Winslow, Esq. Nevada Bar No. 12125 Scott R. Lachman, Esq. Nevada Bar No. 12488 AKERMAN, LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Tel: (702) 634-5000 Fax: (702) 380-8572 natalie.winslow@akerman.com scott.lachman@akerman.com Attorneys for Defendant Bank of America, N.A. 15 UNITED STATES DISTRICT COURT 16 17 DISTRICT OF NEVADA SFR INVESTMENTS POOL 1, LLC, Case No. 2:19-cv-01534-JCM-DJA 18 Plaintiff, 19 AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, DISPOSITIVE MOTION AND PRETRIAL ORDER DEADLINES vs. 20 BANK OF AMERICA, NA, SUCCESSOR BY 21 MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME 22 LOANS SERVICING, LP, (SECOND REQUEST) 23 Defendants. 24 25 26 27 28 1 52315292;1 Dockets.Justia.com Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 2 of 14 Pursuant to Local Rules IA 6-1 and 26-4, Defendant, BANK OF AMERICA, N.A., 1 2 Successor by Merger To BAC Home Loan Servicing, LP, f/k/a Countrywide Home Loans 3 Servicing, LP (“BANA”), by and through its attorneys of record, the law firms of GERRARD COX 4 LARSEN and AKERMAN LLP, and Plaintiff SFR INVESTMENTS POOL 1, LLC (“SFR”), by 5 and through its attorneys of record, the law firm of KIM GILBERT EBRON subject to approval by 6 the Court, to extend the discovery deadline, deadlines to file dispositive motions, responses and 7 8 10 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 replies to any responses to dispositive motions following this Court’s Order dated March 10, 2021 [ECF No. 56]. This is the parties' second request for an extension of the current discovery deadlines. I. 11 12 13 INTRODUCTION This dispute pertains to a foreclosure sale conducted by HOA. The primary issue between SFR and BANA is whether BANA's deed of trust survived the foreclosure sale. II. STATEMENT SPECIFYING THE DISCOVERY COMPLETED 14 On November 21, 2019, the court entered a stipulated discovery plan and scheduling order 15 16 [ECF No. 19] and set the following deadlines: 17 (a) Discovery cut off: March 30, 2020. 18 (b) Amending the pleadings and adding parties: December 3, 2019. 19 (c) Interim status report: January 30, 2020. (d) Dispositive motions: April 29, 2020. (e) Pre-trial order: May 29, 2020. 20 21 22 Pursuant to the initial stipulated order and discovery plan, the following discovery had been 23 24 completed: 25 1. SFR served its initial disclosures on November 13, 2019. 26 2. BANA served subpoenas duces tecum to the HOA and its collection agent, Terra 27 28 West Collections Group, dba Assessment Management Services (“Terra West / AMS”) on November 18, 2019. 2 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 3 of 14 1 2 3. BANA served its expert witness disclosure on December 30, 2019. 4. SFR served its notice of deposition of BANA on February 25, 2020, setting the 3 deposition for March 23, 2020. This deposition was vacated as a result of the parties stipulating to 4 stay the case. 5 5. BANA served its notice of deposition for the HOA on February 26, 2020, setting the 6 deposition for March 13, 2020, which took place as scheduled. 7 8 10 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 11 12 13 6. BANA served its notice of deposition for Terra West / AMS on February 26, 2020, setting the deposition for March 16, 2020. This deposition was cancelled as a result of the witness suffering an injury. 7. SFR served its first set of requests for admission, first set of requests for production of documents, and first set of interrogatories to BANA on February 28, 2020. 8. BANA served its first set of requests for admission, first set of requests for 14 production of documents, and first set of interrogatories to SFR on February 28, 2020. 15 9. BANA served its first supplement to initial disclosures on February 29, 2020. 17 10. BANA served its second supplement to initial disclosures on March 6, 2020. 18 11. BANA served its notice of deposition for SFR on March 6, 2020, setting the 16 19 20 deposition for March 27, 2020. This deposition was vacated as result of the Parties stipulating to stay the case. 21 12. BANA served its third supplement to initial disclosures on March 10, 2020. 13. BANA served its fourth supplement to initial disclosures on March 16, 2020. 14. BANA served its responses to SFR’s Written Discovery on or about June 2, 2020. 22 23 24 25 On March 10, 2021, after the case was stayed per stipulation and order [EFC No. 32] and 26 later dismissed on summary judgment [ECF No. 36], the Court ordered that the case be reopened 27 following a motion for reconsideration [ECF No. 19] filed by the Plaintiff. On March 10, 2021, the 28 3 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 4 of 14 1 Court entered a Stipulation and Order to reopen discovery [ECF No. 56] and set the following 2 deadlines: 3 (a) Discovery cut off: June 8, 2021. 4 (b) Amending the pleadings and adding parties: None requested. (c) Interim status report: None requested. (d) Initial expert disclosures: (e) Rebuttal expert disclosures: None requested 9 (f) Dispositive motions: July 8, 2021. 10 (e) Pre-trial order: August 9, 2021. 11 Since the Order [ECF No. 56] was entered on March 10, 2021, the following discovery had 5 6 None requested 7 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 8 12 13 been completed by the Parties: 1. BANA served its notice of deposition for SFR on March 6, 2020, setting the 14 deposition for March 27, 2020.Deposition of FRCP 30(b)(6) witness for SFR. 15 16 17 2. BANA served its fifth supplement to initial disclosures on April, 2021. 3. BANA served its notice of deposition for the FRCP 30(b)(6) witness on March 31, 18 2021, setting the deposition for April 22, 2021. The deposition of FRCP 30(b)(6) witness for SFR 19 was rescheduled and took place on May 10, 2021. 20 4. BANA served its amended notice of deposition for the FRCP 30(b)(6) for Terra West 21 / AMS on April 15, 2021, setting the deposition for May 13, 2021. The deposition took place as 22 scheduled. 23 24 25 5. BANA served a notice of issuance of subpoena duces tecum upon the Custodian of Records of Orange Realty Group on May 4, 2021. 26 6. BANA served its sixth supplement to initial disclosures on May 7, 2021. 27 7. BANA served its seventh supplement to initial disclosures on May 12, 2021. 28 4 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 5 of 14 1 8. BANA served its notice of deposition of Jason Mattson of Orange Realty Group on 2 May 12, 2021, setting the deposition for May 27, 2021. The deposition of Jason Mattson took place 3 as scheduled. 4 5 9. BANA served its notice of deposition of Marina Arcos on May 13, 2021, setting the deposition for June 7, 2021. The deposition of took place as scheduled. 6 10. BANA served its notice of deposition of Nancy Rhody of Lawyers Title of Nevada 7 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 8 on May 13, 2021, setting the deposition for June 8, 2021. The deposition of took place as 9 scheduled. 10 11. 11 12 13 BANA served its notice of issuance of subpoena duces tecum to Lawyers Title of Nevada on May 13, 2021. 12. SFR served its notice of deposition of FRCP 36(b)(6) witness for BANA on May 13, 2021, setting the deposition for June 1, 2021. The deposition of FRCP 36(b)(6) witness for BANA 14 was rescheduled for June 8, 2021. The deposition of took place as rescheduled. 15 16 17 18 19 20 13. SFR served its notice of deposition of Krista Nielson on May 13, 2021, setting the deposition for June 2, 2021. The deposition of Krista Nielson took place as scheduled. 14. SFR served its notice of deposition of FRCP 36(b)(6) witness for Carrington Mortgage Services on May 13, 2021, setting the deposition for June 2, 2021. The deposition of FRCP 36(b)(6) witness for Carrington Mortgage Services took place as scheduled. SFR reserves the 21 right to continue the deposition after seeking documents regarding short sale negotiations. 22 15. SFR served its notice of deposition of Fernando Bucago on May 13, 2021, setting the 23 24 25 deposition for June 3, 2021. The deposition of Fernando Bucago took place as scheduled. 16. SFR served its notice of deposition of Douglas Miles on May 13,2021, setting the 26 deposition for June 8, 2021. The deposition of Douglas Miles was rescheduled and took place on 27 June 4, 2021. 28 5 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 6 of 14 17. 1 SFR served its notice of deposition of Samantha Marrero of Terra West dba AMS on 2 May 13, 2021, setting the deposition for June 3, 2021. The deposition of Samantha Marrero was 3 vacated due to the inability to serve her at the contact information listed in the disclosures. 4 5 18. SFR served its notice of deposition of Ivette Martinez of Terra West dba AMS on May 13, 2021, setting the deposition for June 3, 2021. The deposition of Ivette Martinez was 6 vacated after Ms. Martinez submitted an affidavit claiming she never worked for Terra West dba 7 8 AMS and has no recollection of the events in this case. 19. 10 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 deposition for June 8, 2021. The deposition took place as scheduled. 11 12 13 SFR served its notice of deposition of Rock Jung, Esq. on May 13, 2021, setting the 20. SFR served its notice of deposition of Michael Viego (former President of Independence Homeowners Association) on May 13, 2021, setting the deposition for June 1, 2021. The deposition of Michael Viego was vacated after Mr. Viego reported that he is seriously ill and is 14 unable to sit for a deposition at this time. 15 21. BANA served its eighth supplement to initial disclosures on May 27, 2021. 17 22. BANA served its ninth supplement to initial disclosures on June 2, 2021. 18 23. BANA served its tenth supplement to initial disclosures on June 4, 2021. 19 24. BANA served its eleventh supplement to initial disclosures on June 7, 2021. 25. BANA served its twelfth supplement to initial disclosures on June 8, 2021 which 16 20 21 included the documents it received from Lawyers Title of Nevada pursuant to 22 BANA’s subpoena duces tecum. 23 24 III. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN COMPLETED 25 1. Deposition of Michael Viego. 2. Deposition of Chris Hardin. SFR reserves the right to object to the taking of this 26 27 deposition. 28 6 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 7 of 14 1 3. taking of this deposition. 2 3 4 Continued deposition of Jason Mattson. BANA reserves the right to object to the 4. Deposition of other witnesses that have been disclosed that concern the attempted short sale of the Property including: 5 a. Linton Gamiao 6 b. Lindsey Gamiao 7 c. Blossom Gamiao 8 d. Maria Maneva 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 10 e. Bernadette Robles 11 f. Lesa Wolf 12 g. Anna Charise Junio 13 h. Heather Baron 14 i. Shannon Lamb 15 j. Kari Phillips 16 k. Michelle Phillips 17 18 26. Subpoena Duces Tecum to Carrington Mortgage Services 19 27. Written discovery requests from SFR to BANA regarding the short sale negotiations. 28. Written discovery requests from BANA to SFR regarding their knowledge SFR’s 20 21 knowledge of the short sale. 22 29. SFR’s position is that it may need continued depositions of Carrington and BANA to 23 the extent additional documents are produced. BANA reserves the right to object to 24 the taking of these depositions. 25 26 The parties reserve the right to participate in additional discovery during the current 27 discovery period. The parties also reserve the right to object to any requests for second depositions. 28 7 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 8 of 14 1 IV. REASON WHY EXTENSION OF DISCOVERY AND EXTENSION OF DEADLINE 2 TO AMEND PLEADINGS AND ADD PARTIES IS REQUIRED 3 LR 26-3 provides that “[a] motion or stipulation to extend any date set by the discovery plan, 4 5 scheduling order, or other order must, in addition to satisfying the requirements of LR IA 6-1, be supported by a showing of good cause for the extension.” Further, LR 26-3 and LR IA 6-1, in 6 provide in relevant part that [a] motion or stipulation to extend a deadline set forth in a discovery 7 8 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 plan must be received by the court no later than 21 days before the expiration of the subject deadline. A request made within 21 days of the subject deadline must be supported by a showing of 10 good cause. A request made after the expiration of the subject deadline will not be granted unless 11 the movant also demonstrates that the failure to act was the result of excusable neglect. 12 13 The parties stipulate that a 90-day discovery period is necessary and adequate for the Parties to fully investigate their defenses, depose any and all witnesses needed and any other witnesses that 14 the Parties find necessary to depose. Further, the Parties may seek to add Independence 15 16 Homeowners Association, Terra West Management Services, and/or Assessment Management 17 Services 1 as new parties to this case based on the newly discovered information concerning the short 18 sale and any claims/defense being pursued by the Parties through the documents received by Orange 19 Realty and subsequent depositions of Jason Mattson, Fernando Bucago and the FRCP 30(b)(6) 20 witness of Assessment Management Services. 21 On or about November 25, 2019, BANA issued a Subpoena Duces Tecum upon Terra 22 West/AMS to obtain the collection file associated with the subject Property. On or about December 23 24 25 2020, BANA received documents from Terra West / AMS in response to BANA’s subpoena duces tecum. The property records included email exchanges between Terra West’s employees and 26 1 27 28 - During the Deposition of the FRCP 30(b)(6) witness for Terra West / AMS, the Parties learned that Terra West Management Services and Terra West Collections Group, LLC, dba Assessment Management Services are entirely separate entities, and the Terra West /AMS was dissolved as a business. However, the documents received from Terra West/AMS and Orange Realty indicate employees of Terra West Management Service participated in the process of negotiating a settlement amount between Orange Realty and Terra West /AMS. 8 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 9 of 14 1 Orange Realty Group (“Orange Realty”) concerning a short sale that Orange Realty was preparing 2 on behalf of the Borrowers, Linton Gamiao, Lindsey Gamiao and Blossom Gamiao (collectively, as 3 the “Borrowers”). 4 5 These email exchanges between Fernando Bucago and Jason Mattson of Orange Realty and the employees of Terra West Management Services and Terra West /AMS indicated that Orange 6 Realty was requesting to settle the amount of the HOA Lien that the Borrowers owed to the HOA. 7 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 8 However, these email exchanges did not indicate whether a settlement had been reached or if 9 settlement discussions even had taken place between Orange Realty and Terra West / AMS. 10 On or about March 16, 2020, the parties stipulated to stay the case for 60 days due to 11 COVID-19 and further stipulated to extend the discovery period an additional sixty (60) days, once 12 the stay in the discovery period expired. On March 18, 2020, this Court entered an Order [ECF No. 13 32] to that effect at which time discovery was stayed (the “Stay Order”). 14 On or about May 15, 2020, the stay in the discovery period expired pursuant to the March 15 16 18, 2020 Order and discovery resumed in this case. On June 11, 2020, this Court entered its Order 17 granting summary judgment in favor of BANA [ECF No. 36] which ended discovery in this case. 18 On July 3, 2020, Plaintiff SFR filed its Motion for Reconsideration of Order [ECF No. 38]. 19 20 On February 1, 2020, this Court issued an Order granting SFR’s Motion for Reconsideration and ordered the parties to continue to conduct discovery pursuant to Rule 56(d). On or about April 21 26, 2021, BANA issued a Subpoena Duces Tecum upon Orange Realty to ascertain what occurred 22 concerning the short sale referenced in Terra West’s documents. 23 24 On or about May 12, 2021, BANA’s counsel received Orange Realty’s documents in 25 response to its subpoena duces tecum. Orange Realty’s document revealed that settlement 26 negotiations between Orange Realty and Terra West/AMS took place and an agreement on a 27 negotiated amount had been reached on the HOA Lien. As of the date of the HOA sale, which took 28 place on May 14, 2014, Lawyers Title had received all of the funds to close on the Borrowers’ short 9 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 10 of 14 1 sale. These email exchanges that revealed that an agreement on a negotiated amount to satisfy the 2 HOA Lien had been reached between Orange Realty and Terra West/HOA were not found within 3 the documents that Terra West produced in response to BANA’s subpoena. Furthermore, Orange 4 Realty’s documents included an Escrow Closing Statement from AMS which included a payoff 5 statement from Terra/AMS. A stamp was added to the document by Nancy Rhody of Lawyer’s Title 6 of Nevada indicating that Bernadette Morales from Terra West/AMS verbally told her that the 7 8 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 payoff was good through May 18, 2014. This Escrow Closing Statement, which is attached hereto as Exhibit “A”, was also not included in the documents produced by Terra West/AMS in response 10 to BANA’s subpoena duces tecum. BANA’s position is that the verbal statement by Bernadette 11 Morales indicates that Terra West / AMS agreed that payment need not be made before the HOA 12 foreclosure sale. SFR disagrees with BANA’s interpretation of the evidence currently available to 13 the Parties. 14 As a result of the new documents received by Orange Realty, BANA subsequently issued 15 16 subpoenas to take the depositions of Jason Mattson of Orange Realty, Marina Arcos, the former 17 Director of Operations of Terra West/AMS, and Nancy Rhody of Lawyer’s Title of Nevada. SFR 18 also issued subpoenas to take the deposition of Fernando Bucago of Orange Realty. According to 19 testimony obtained so far, the HOA foreclosure sale took place on or about the date the short sale 20 was to close, and there appears to have been miscommunications regarding the foreclosure sale date. 21 As a result of these documents, BANA disclosed several more witnesses whose names were found 22 in Orange Realty’s documents. Both parties noticed several more depositions to obtain testimonies 23 24 related to the attempted short sale of the subject Property. However, given the amount of time left 25 to conduct to discovery (less than three weeks), the information found in Orange Realty’s 26 documents, and the date of disclosure of the witnesses, the Parties believe that there was not 27 sufficient time to fully vet the witnesses needed to depose in support of their claims and defenses. 28 10 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 11 of 14 1 In addition, both parties have sought to take the deposition of Michael Viego, the former 2 President of Independence Homeowners Association who served in his capacity at the time of the 3 subject Property’s foreclosure. BANA’s counsel attempted three time to serve Mr. Viego with a 4 subpoena for deposition, but was unable to reach him. SFR’s counsel later successfully served Mr. 5 Viego with a subpoena for deposition but was later informed that Mr. Viego is serious ill and cannot 6 sit for a deposition at this time. 7 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 8 As a result, the Parties wish to extend discovery to adequately investigate the allegations 9 presented by potential witnesses related to the short sale. In agreeing to extend discovery, the Parties 10 do not waive any right to any claims, defenses, or arguments in relation to the claims that short sale 11 negotiations impacted the effect of the HOA foreclosure sale on the Deed of Trust at issue in this 12 case. SFR contends that the claims concerning the short sale is newly raised and waived. BANA, 13 however, contends that the claims concerning the short sale are related BANA’s equity defenses and 14 were discovered during the normal course of discovery. BANA also contends that SFR had the 15 16 17 18 19 20 opportunity to explore the short sale and is not prejudiced in any way from the discovery the short sale settlement. Further, the Parties request to extend the deadline to amend pleadings and to add parties (to add Independence Homeowners Association, Terra West Management Services, and/or Assessment Management Services) to this case due to the newly discovered evidence information concerning the 21 short sale and any claims/defense being pursued by the Parties through the documents received by 22 Orange Realty. 23 24 Based on the aforementioned reasons, good cause exists to extend the discovery deadlines by 25 90 days and to allow the Parties to reopen the deadlines to amend their pleadings and add parties 26 pursuant to Pursuant to Local Rules IA 6-1 and 26-4. Moreover, BANA and SFR have 27 demonstrated “excusable neglect” to extend the discovery period and deadlines to amend pleading 28 and add parties because the Parties could not have discovered this evidence prior to May 12, 2021 11 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 12 of 14 1 because, in response to BANA’s subpoena duces tecum, Terra West/AMS did not produce the 2 emails exchanges between it and Orange Realty indicating that a negotiated settlement amount had 3 been reached on the Borrowers’ short sale. Similarly, the Escrow Settlement Statement indicating 4 with the stamp that BANA contends memorializes an agreement that the Borrowers had until May 5 18, 2014 to pay the negotiated amount to satisfy the HOA Lien. BANA also contends that an email 6 from Marina Arcos, Terra West/AMS’ Director of Operations stating the agreement to allow May 7 8 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 18, 2014 as the payoff deadline was an “honest error”, was an admission by Terra West the HOA foreclosure sale was conducted unfairly. SFR’s position is that any short sale negotiations were 10 within BANA’s or its agents’ knowledge in 2014. However, to the extent the Court determines that 11 BANA is entitled to argue that the short sale negotiations impacted the HOA foreclosure sale and its 12 effect on the Deed of Trust, SFR requests the ability to conduct discovery into the issue. 13 Additionally, until SFR was notified of the short sale negotiation communications between Orange 14 Realty, Lawyers Title and Terra West/AMS in 2021, it had no way of knowing about any alleged 15 16 representations/misrepresentations. SFR has no record of any communications from any entity 17 regarding short sale negotiations. BANA contends, based on testimony from Jason Mattson, and 18 emails from employees of Terra West/AMS that SFR was aware of the short sale immediately after 19 the HOA foreclosure sale. 20 Furthermore, the Parties failure to seek extensions sooner constitutes excusable neglect due 21 to the fact that neither could anticipate that Mr. Viego would be suffering from an illness that 22 precluded the Parties from taking his deposition during the discovery period. The parties previously 23 24 submitted a stipulation to extend the discovery deadlines before the close of discovery that was 25 denied without prejudice to add additional information regarding excusable neglect regarding the 26 deadline to amend pleadings to add parties. In the meantime, the discovery deadline passed. Thus, 27 the Parties submit that the failure to submit a stipulation to extend the discovery deadline is a result 28 of excusable neglect. 12 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 13 of 14 1 2 3 4 5 V. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY The parties stipulate and agree that discovery be extended for an additional ninety (90) days, and the scheduling order deadlines will be extended to the following: (a) Discovery cut off: September 16, 2021. (b) Amending the pleadings and adding parties: July 1, 2021. (c) Interim status report: None requested. (d) Dispositive motions: October 15, 2021. (e) Pre-trial order: November 15, 2020. 6 7 8 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 10 DATED this 14th day of June, 2021. 11 GERRARD COX LARSEN 12 /s/ Douglas D. Gerrard, Esq. ________________________________ Douglas D. Gerrard, Esq. Nevada Bar No. 4613 Fredrick J. Biedermann, Esq. Nevada Bar No. 11918 2450 St. Rose Parkway, Suite 200 Henderson, Nevada 89074 Attorneys for Defendant Bank of America, N.A. 13 14 15 16 17 DATED this 14th day of June, 2021. AKERMAN LLP /s/ Scott R. Lachman, Esq. _____________________________________ Natalie L. Winslow, Esq. Nevada Bar No. 12125 Scott R. Lachman, Esq. Nevada Bar No. 12488 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Attorneys for Defendant Bank of America, N.A. 18 DATED this 14th day of June, 2021. 19 20 KIM GILBERT EBRON 21 /s/ Diana S. Ebron, Esq. 22 _____________________________________ Diana S. Ebron, Esq. Nevada Bar No. 10580 Jacqueline A. Gilbert, Esq. Nevada Bar No. 10593 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Attorneys for Plaintiff SFR Investments Pool 1, LLC 23 24 25 26 27 28 13 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59 Filed 06/14/21 Page 14 of 14 ORDER 1 2 3 Based on the foregoing Stipulation by and between the signatories, and good cause appearing, IT IS SO ORDERED: 4 5 UNITED J. STATES MAGISTRATE JUDGE DANIEL ALBREGTS UNITED STATES MAGISTRATE JUDGE June 15, 2021 DATED: 6 7 8 10 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 O:(702)796-4000 F:(702)796-47848 GERRARD, COX & LARSEN 9 11 12 13 14 15 Respectfully submitted by: GERRARD COX LARSEN /s/ Douglas D. Gerrard, Esq. ________________________________ Douglas D. Gerrard, Esq. Nevada Bar No. 4613 Fredrick J. Biedermann, Esq. Nevada Bar No. 11918 2450 St. Rose Parkway, Suite 200 Henderson, Nevada 89074 Attorneys for Bank of America, N.A. 16 17 18 19 20 21 22 23 24 25 26 27 28 14 52315292;1 Case 2:19-cv-01534-JCM-DJA Document 59-1 Filed 06/14/21 Page 1 of 7 EXHIBIT “A” Escrow / Closing Statement EXHIBIT “A” Escrow / Closing Statement Case 2:19-cv-01534-JCM-DJA Document 59-1 Filed 06/14/21 Page 2 of 7 Per Bernadette @AMS this payoff is good to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