U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al, No. 2:2016cv02801 - Document 47 (D. Nev. 2017)
Court Description: ORDER Granting 45 Joint Motion to Amend Discovery Plan and Scheduling Order. Discovery due by 10/9/2017. Motions due by 11/7/2017. Proposed Joint Pretrial Order due by 12/7/2017. Signed by Magistrate Judge George Foley, Jr on 6/1/17. (Copies have been distributed pursuant to the NEF - MMM)
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U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al Doc. 47 Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 1 of 6 1 Abran E. Vigil Nevada Bar No. 7548 2 Justin A. Shiroff Nevada Bar No. 12869 3 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 4 Las Vegas, Nevada 89106 Telephone: (702) 471-7000 5 Facsimile: (702) 471-7070 vigila@ballardspahr.com 6 shiroff@ballardspahr.com 7 Attorneys for Plaintiff U.S. Bank N.A., successor trustee to Bank of 8 America, N.A., successor in interest to LaSalle Bank N.A., as trustee, 9 on behalf of the holders of the Washington Mutual Mortgage 10 Pass-Through Certificates, WMALT Series 2005-10 LAS VEGAS, NEVADA 89106 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 U.S. BANK N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., 15 SUCCESSOR IN INTEREST TO LASALLE BANK N.A., AS TRUSTEE, ON 16 BEHALF OF THE HOLDERS OF THE WASHINGTON MUTUAL MORTGAGE 17 PASS-THROUGH CERTIFICATES, WMALT SERIES 2005-10, 18 Plaintiff, 19 vs. 20 SFR INVESTMENTS POOL 1 LLC, a 21 Nevada limited liability company; SHERMAN OAKS ESTATES OWNERS 22 ASSOCIATION, a Nevada non-profit corporation. 23 Defendant. 24 Case No. 2:16-cv-02801-JCM-GWF JOINT MOTION TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER (First Request) 25 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 26 Counter/Cross-claimant, 27 vs. 28 DMWEST #16495247 v1 Dockets.Justia.com Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 2 of 6 1 U.S. BANK N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., 2 SUCCESSOR IN INTEREST TO LASALLE BANK N.A., AS TRUSTEE, ON 3 BEHALF OF THE HOLDERS OF THE WASHINGTON MUTUAL MORTGAGE 4 PASS-THROUGH CERTIFICATES, WMALT SERIES 2005-10; DAVID L. 5 MCCOY, an individual; PAMELA MCCOY, an individual, 6 Counter/Cross-defendants. 7 Plaintiff/Counter-Defendant U.S. Bank N.A., successor trustee to Bank of 8 9 America, N.A., successor in interest to LaSalle Bank N.A., as trustee, on behalf of 10 the holders of the Washington Mutual Mortgage Pass-Through Certificates, LAS VEGAS, NEVADA 89106 12 Owners Association (“Sherman Oaks”) (collectively, the “Moving Parties”) hereby (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 WMALT Series 2005-10 (the “Trustee”) and Defendant Sherman Oaks Estates 13 submit this Joint Motion to Amend the Joint Discovery Plan and Scheduling Order 14 pursuant to LR 6-1 and 26-4. MEMORANDUM OF POINTS AND AUTHORITIES 15 16 I. STATEMENT OF FACTS 17 1. The complaint was filed in this matter on December 6, 2016, and 18 service was effected on SFR and Sherman Oaks on December 13, 2016. 19 2. On January 10, 2017, Sherman Oaks filed a motion to dismiss and a 20 motion for a more definitive statement. Trustee timely opposed those motions, and 21 Sherman Oaks filed its replies in support on January 27, 2017. 22 3. On January 17, 2017, SFR filed a motion to certify a question of law to 23 the Nevada Supreme Court, its answer, and a counterclaim against Trustee and 24 David L. McCoy, the borrower under the note and deed of trust held by Trustee. 25 4. Trustee filed a timely opposition to SFR’s motion to certify on January 26 31, 2017, and SFR filed its reply on February 3, 2017. 27 28 2 DMWEST #16495247 v1 Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 3 of 6 5. 1 Trustee replied to SFR’s counterclaim on February 7, 2017. Mr. 2 McCoy was served with SFR’s counterclaim on February 17, 2017, but has not 3 answered or otherwise responded. 6. 4 Thereafter the parties conferred and filed with the court a proposed 5 discovery plan and scheduling order in compliance with Local Rule 26-1, setting 6 July 10, 2017 as the discovery cutoff. 7. 7 In compliance with the discovery plan and scheduling order, Sherman 8 Oaks served its initial disclosures on March 14, 2017, and Trustee and SFR served 9 their initial disclosures on March 24, 2017. The Moving Parties have been diligently prosecuting this matter without 10 LAS VEGAS, NEVADA 89106 12 discovery deadline and corresponding deadlines is necessary and warranted. The (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 intentional delays. However, the Moving Parties agree that an extension of the 13 early months of this case were consumed with motion practice on the Defendants’ 14 various motions and additional pleadings and, accordingly, discovery could not 15 begin in earnest until the parties initial disclosures were produced by March 24, 16 2017, pursuant to the scheduling order. In responding to the discovery propounded 17 to date, it has become clear the Moving Parties require additional time to provide 18 complete and accurate discovery responses, and the discovery deadline now looms 19 over the expected response timelines. To allow the parties to conduct complete 20 discovery in this matter, the Moving Parties therefore request and stipulate to a 90 21 day extension of the current discovery deadline pursuant to Local Rule 7-1. 22 II. LOCAL RULE 26-4 REQUIREMENTS 23 A. 24 Discovery Completed Sherman Oaks has completed the following: 25 i. Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1); 26 ii. 27 iii. 28 Trustee has completed the following: Production of Documents (100 pages, unstamped) Service of its Interrogatories to Trustee; 3 DMWEST #16495247 v1 Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 4 of 6 1 i. Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1); 2 ii. Production of Documents USB-BS_000001 to USB-BS-000028; SFR has completed the following: 3 4 i. 5 ii. 6 iii. 7 B. Designation of expert witness; Discovery to be Completed 9 i. 10 ii. 11 iii. Continued production of documents as they are located; Designation of rebuttal expert witnesses, if any; Service of additional Written Discovery, including LAS VEGAS, NEVADA 89106 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP Production of Documents SFR0001 to SFR0253; The Moving Parties anticipate the following: 8 100 NORTH CITY PARKWAY, SUITE 1750 Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1); Interrogatories, Requests for Production of Documents, and 13 Requests for Admission; iv. 14 Service of additional responses to Written Discovery, including 15 Interrogatories, Requests for Production of Documents, and 16 Requests for Admission; 17 v. 18 vi. Issuance of Subpoenas Duces Tecum for relevant non-parties; Scheduling of depositions for parties and relevant non-party witnesses. 19 20 C. Good Cause Exists for Extending Discovery Plan Deadlines 21 As detailed above, the early months of this case involved substantial briefing 22 on dispositive motions, and the parties only began discovery in earnest after the 23 service of initial disclosures on March 24, 2017. Trustee requires additional time to 24 respond to discovery requests propounded by Sherman Oaks, and the Moving 25 Parties anticipate additional time will be necessary to complete written discovery, 26 schedule depositions of relevant witnesses, and seek further discovery from third 27 parties. Accordingly, to permit the parties sufficient time to conduct meaningful 28 4 DMWEST #16495247 v1 Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 5 of 6 1 discovery, the Moving Parties agree it is necessary and beneficial to extend the 2 discovery deadline by 90 days. 3 D. Proposed Schedule for Completing All Remaining Discovery 4 By this Joint Motion, the Moving Parties seek to amend the schedule as set 5 forth on p. 3 of the Scheduling Order to extend the following deadlines by ninety 6 (90) days: 7 A. Discovery cutoff: Monday, October 9, 2017; 8 B. Dispositive motions: Tuesday, November 7, 2017; 9 C. Joint proposed pretrial order: Thursday, December 7, 2017. Pursuant 10 to LR 26-1(b)(5), if dispositive motions are filed, this deadline will be suspended LAS VEGAS, NEVADA 89106 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 until 30 days after decision of the dispositive motions or further order of the Court. The Moving Parties also agree and stipulate to extend the deadline for 13 rebuttal expert disclosures by 30 days: 14 D. Rebuttal expert disclosures: Wednesday, July 12, 2017. 15 16 [Remainder of Page Intentionally Left Blank] 17 18 19 20 21 22 23 24 25 26 27 28 5 DMWEST #16495247 v1 Case 2:16-cv-02801-JCM-GWF Document 45 Filed 05/31/17 Page 6 of 6 CONCLUSION 1 2 For the above-stated reasons, the Moving Parties respectfully request that 3 this Court enter an Order granting this Joint Motion to Amend the Discovery Plan 4 and Scheduling Order using the new deadlines noted above. 5 6 7 8 9 10 LAS VEGAS, NEVADA 89106 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 100 NORTH CITY PARKWAY, SUITE 1750 11 Dated this 30th day of May, 2017. Dated this 30th day of May, 2017. BALLARD SPAHR LLP DENNETT WINSPEAR, LLP By: /s/ Justin A. Shiroff Abran E. Vigil, Esq. Nevada Bar No. 7548 Justin A. Shiroff, Esq. Nevada Bar No. 12869 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106 By: /s/ Matthew A. Sarnoski Gina Gilbert Winspear, Esq. Nevada Bar No. 5552 Matthew A. Sarnoski, Esq. Nevada Bar No. 9176 3301 N. Buffalo Drive, Suite 195 Las Vegas, NV 89129 Attorneys for Plaintiff Attorney for Sherman Oaks Estates Owners Association 13 14 15 16 17 18 ORDER IT IS SO ORDERED. 19 20 UNITED STATES MAGISTRATE JUDGE 21 Dated: 22 23 24 25 26 27 28 6 DMWEST #16495247 v1 6/01/2017
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