Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC et al, No. 2:2016cv02756 - Document 37 (D. Nev. 2017)
Court Description: ORDER Granting 36 Stipulation re Discovery. Discovery due by 2/19/2018. Motions due by 3/21/2018. Proposed Joint Pretrial Order due by 4/20/2018. Signed by Magistrate Judge Cam Ferenbach on 12/20/2017. (Copies have been distributed pursuant to the NEF - MMM)
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Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC et al 1 2 3 4 5 6 Doc. 37 Joel E. Tasca Nevada Bar No. 14124 Justin A. Shiroff Nevada Bar No. 12869 BALLARD SPAHR LLP 1980 Festival Plaza Drive, Suite 900 Las Vegas, Nevada 89135 Telephone: (702) 471-7000 Facsimile: (702) 471-7070 tasca@ballardspahr.com shiroffj@ballardspahr.com Attorneys for Plaintiff The Wilmington Trust, N.A., Successor 8 Trustee to Citibank, N.A., as Trustee f/b/o Holders of Structured 9 Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2006-4, 10 Mortgage Pass-Through Certificates, Series 2006-4 7 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 16 17 18 19 20 21 22 23 24 WILMINGTON TRUST, N.A., SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4 Plaintiff, Case No. 2:16-cv-02756-RFB-VCF STIPULATED MOTION TO EXTEND DISCOVERY DEADLINES (SECOND REQUEST) vs. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; GIAVANNA HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation, Defendants. 25 26 27 28 DMWEST #17324918 v1 Dockets.Justia.com 1 GIAVANNA HOMEOWNERS ASSOCIATION, 2 Third Party Plaintiff, 3 vs. 4 ABSOLUTE COLLECTION SERVICES, LLC, 5 Third Party Defendant. 6 7 8 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant, 9 10 (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 13 14 15 16 vs. WILMINGTON TRUST, N.A., SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4; MASHELLE CLARK aka SHELLY CLARK, an individual, Counter/Cross Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Fed. R. Civ. P. 26(a)(2) and 6(b)(a)(1)(A) and LR 26-4, Plaintiff/Counter-Defendant Wilmington Trust, N.A., Successor Trustee to Citibank, N.A., as Trustee F/B/O Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2006-4, Mortgage Pass-Through Certificates, Series 20064 (the “Trustee”), Defendant/Counterclaimant SFR Investment Pools 1, LLC (“SFR”), Defendant/Third Party Plaintiff Giavanna Homeowners Association (the “Association”), and Third Party Defendant Absolute Collection Services, LLC (“ACS”) (together, the “Parties”) hereby submit the following Stipulated Motion to Extend Discovery Deadlines. Under the Stipulated Discovery Plan and Scheduling Order [ECF No. 26], as amended by the Stipulation and Order to Extend Discovery Deadlines [ECF No. 35], 2 DMWEST #17324918 v1 1 the current deadlines are as follows: 2 Discovery Cut-Off 5 Monday, January 22, 2018 Joint Pre-Trial Order 4 Wednesday, December 20, 2017 Dispositive Motions 3 Thursday, February 22, 2018 6 Pursuant to LR 26-4, a stipulation to extend any dates set by the scheduling 7 order must be supported by a showing of good cause for the extension. “The good 8 cause inquiry focuses primarily on the movant's diligence.” Novotny v. Outback 9 Steakhouse of Fla., LLC, 2017 U.S. Dist. LEXIS 114672 at *2 (D. Nev. July 21, 2017) Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 2000)). (702) 471-7000 FAX (702) 471-7070 “Good cause to extend a discovery deadline exists ‘if it cannot reasonably be met 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP (citing 11 1980 FESTIVAL PLAZA DRIVE, SUITE 900 10 despite the diligence of the party seeking the extension.’” Id. (quoting Johnson v. 13 Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Good cause exists in 14 this case. All of the Parties have exercised diligence with regards to completing 15 discovery. The Parties believe that a 60-day extension is warranted given the need to 16 review discovery responses provided by ACS and determine whether it is necessary 17 to take, defend, and prepare for depositions in this case. 18 (a) Statement Specifying the Discovery Completed; 19 At this point in litigation, the Trustee has provided its initial disclosures, 20 designated its expert witness and disclosed an expert report, responded to SFR’s 21 initial set of discovery requests, responded to SFR’s second set of discovery requests, 22 and served written discovery requests to all Parties. The Trustee’s written discovery 23 requests to ACS were dated September 15, 2017. The Trustee’s 30(b)(6) witness has 24 been deposed. The Trustee has also subpoenaed documents from FirstService 25 Residential Nevada, LLC, which subpoena responses are due December 18, 2017, and 26 have not yet been received. The Trustee noticed the 30(b)(6) deposition of SFR, ACS, 27 and the Association, but vacated these depositions to ask SFR, ACS, and the 28 Association about their witness availability. 3 DMWEST #17324918 v1 1 SFR has provided its initial disclosures, served a first round of written 2 discovery requests on the Trustee and received responses to these requests, served a 3 second round of written discovery on the Trustee, and taken the 30(b)(6) deposition of 4 the Trustee’s chosen witness. SFR left the 30(b)(6) deposition of the Trustee’s chosen 5 witness open to address additional questions that SFR. 6 7 The Association has served its initial disclosures and responded to the Trustee’s written discovery requests. 8 9 ACS timely responded to the Trustee’s requests for admission on October 16, 2017. However, ACS did not timely respond to the Trustee’s interrogatories or (702) 471-7000 FAX (702) 471-7070 interrogatories and requests for production on December 12, 2017, and provided 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP requests for production. 11 1980 FESTIVAL PLAZA DRIVE, SUITE 900 10 courtesy electronic copies to the Trustee on December 13, 2017, one week prior to the 13 close of discovery. Instead, ACS mailed responses to the Trustee’s 14 (b) Specific Description of the Discovery that Remains to be Completed 15 The Trustee needs to review the discovery responses provided by ACS to 16 determine whether, in light of these documents, depositions need to be taken or if the 17 parties need to meet and confer about the completeness of the discovery responses. 18 Additionally, the Trustee needs to review the documents subpoenaed by FirstService 19 Residential, Nevada, LLC for the same purposes. Given witness and counsel 20 availability, and the upcoming holidays, the parties anticipate such an extension may 21 require 60 days to properly resolve any discovery disputes and schedule 30(b)(6) 22 depositions. 23 24 SFR needs to obtain answers to questions left open at the Trustee’s 30(b)(6) deposition. 25 (c) The Reasons Why Remaining Discovery Was Not Completed 26 Despite their diligence in completing discovery in this case, ACS was unable to 27 respond to the Trustee’s written discovery requests by the scheduled deadline. The 28 Trustee attempted to avoid involving the Court in the dispute because it hoped to 4 DMWEST #17324918 v1 1 resolve the issue amicably. ACS agreed to provide responses before the close of 2 discovery, but unfortunately ACS was not able to provide responses early enough 3 that the Trustee could review the documents, determine whether it needed to meet 4 and confer with ACS about any discovery issues, and also schedule depositions that 5 might have been prompted by the discovery responses. 6 Furthermore, SFR took the deposition of the Trustee’s 30(b)(6) witness on 7 December 11, 2017. SFR left the deposition open to resolve lingering questions at a 8 later date. The Parties initially anticipated being able to resolve these questions on 9 December 19, 2017, but due to witness and counsel availability this date did not (702) 471-7000 FAX (702) 471-7070 of the Trustee’s 30(b)(6) witness or to have the additional questions answered by 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP work. Instead, the Parties require additional time to either continue the deposition 11 1980 FESTIVAL PLAZA DRIVE, SUITE 900 10 amendments to the Trustee’s responses to interrogatories. 13 At a minimum, the Parties require an additional 30 days to have adequate 14 time to conduct depositions of all relevant witnesses and resolve outstanding issues, 15 but the Parties believe an additional 60 days will provide adequate time to conduct 16 depositions of all relevant witnesses. 17 (d) Proposed Schedule for Completing All Remaining Discovery 18 The Parties propose a 60-day extension of the remaining discovery dates as 19 20 21 22 23 follows: Discovery Cut-Off Monday, February 19, 2018 Dispositive Motions Wednesday, March 21, 2018 Joint Pre-Trial Order Friday, April 20, 2018 24 25 (Remainder of Page Intentionally Left Blank) 26 27 28 5 DMWEST #17324918 v1 1 CONCLUSION 2 For the above-stated reasons, the Parties respectfully request that this Court 3 enter an Order granting this Stipulation and Order to Extend Discovery Deadlines 4 (Second Request) using the new deadlines noted above. 5 Dated: December 19, 2017 6 BALLARD SPAHR LLP KIM GILBERT EBRON By: _/s/ Justin A. Shiroff__ Joel E. Tasca (#14124) Justin A. Shiroff (#12869) 1980 Festival Plaza Drive, Suite 900 Las Vegas, Nevada 89135 By: _/s/ Diana S. Ebron_ _ Diana S. Ebron (#10580) Jacqueline A. Gilbert (#10593) Karen L. Hanks (#9578) Trella N. McLean (#13376) 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 7 8 9 10 Attorneys for Plaintiff Attorneys for SFR Investments Pool 1, LLC (702) 471-7000 FAX (702) 471-7070 12 LAS VEGAS, NEVADA 89135 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 11 13 BOYACK ORME & ANTHONY ABSOLUTE COLLECTION SERVICES, LLC By: _/s/ Christopher B. Anthony Edward D. Boyack (#5229) Christopher B. Anthony (#9748) 401 North Buffalo Drive, #202 Las Vegas, Nevada 89145 By: _/s/ Shane D. Cox___ _ Shane D. Cox (#13852) 8440 West Lake Mead Blvd., Suite 210 Las Vegas, Nevada 89128 14 15 16 17 Attorney for Absolute Collection Services, LLC Attorneys for Giavanna Homeowners 18 Association 19 20 21 IT IS SO ORDERED. 22 23 UNITED STATES MAGISTRATE JUDGE 24 Dated 12-20-2017. 25 26 27 28 6 DMWEST #17324918 v1
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