JPMorgan Chase Bank N.A. v. SFR Investments Pool 1, LLC et al, No. 2:2017cv00321 - Document 37 (D. Nev. 2018)

Court Description: ORDER Granting 36 Stipulation re Discovery Deadlines. Discovery due by 4/23/2018. Motions due by 5/25/2018. Proposed Joint Pretrial Order due by 6/25/2018. Signed by Magistrate Judge George Foley, Jr on 1/8/2018. (Copies have been distributed pursuant to the NEF - MMM)
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JPMorgan Chase Bank N.A. v. SFR Investments Pool 1, LLC et al Doc. 37 Case 2:17-cv-00321-GMN-GWF Document 36 Filed 01/05/18 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 Abran E. Vigil, Esq. Nevada Bar No. 7548 Maria A. Gall, Esq. Nevada Bar No. 14200 Lindsay Demaree, Esq. Nevada Bar No. 11949 Kyle A. Ewing, Esq. Nevada Bar No. 14051 BALLARD SPAHR LLP 1980 Festival Plaza Drive, Suite 900 Las Vegas, Nevada 89135 Telephone: (702) 471-7000 Facsimile: (702) 471-7070 vigila@ballardspahr.com gallm@ballardsphar.com demareel@ballardspahr.com ewingk@ballardspahr.com Attorneys for JPMorgan Chase Bank, N.A. UNITED STATES DISTRICT COURT 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 LAS VEGAS, NEVADA 89135 11 13 DISTRICT OF NEVADA 14 15 JPMORGAN CHASE BANK, N.A., 16 Case No.: 2:17-CV-00321-GMN-GWF Plaintiff, 17 18 19 20 21 22 vs. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; SEVEN HILLS MASTER COMMUNITY ASSOCIATION, a Nevada non-profit corporation; and VENANCIO H. REYES, JR., an individual, 23 STIPULATION AND ORDER TO EXTEND SCHEDULING ORDER DEADLINES BY 60 DAYS (First Request) Defendants. 24 25 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company 26 Counterclaimant/Cross-Claimant, 27 28 vs. DMWEST #17361983 v1 Dockets.Justia.com Case 2:17-cv-00321-GMN-GWF Document 36 Filed 01/05/18 Page 2 of 6 1 2 3 4 JPMORGAN CHASE BANK, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE BENEFICIARY FOR COUNTRYWIDE HOME LOANS, INC., a New York corporation; REAL TIME RESOLUTIONS, INC., 5 Pursuant to LR IA 6-1 and LR 26-4, Plaintiff/Counter-Defendant JPMorgan 8 Chase Bank, N.A. (“Chase”), Defendant/Counterclaimant/Cross-Claimant SFR 9 Investments Pool 1, LLC (“SFR”), and Defendant Seven Hills Master Community 10 Association (“Seven Hills”), by and through their respective counsel of record, 11 stipulate and request that this Court extend discovery and dispositive motion 12 (702) 471-7000 FAX (702) 471-7070 Counter/Third-Party/CrossDefendants. 7 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 LAS VEGAS, NEVADA 89135 6 deadlines in the above-captioned case for 60 days, to permit the parties to complete 13 party depositions, and specifically the deposition of Chase, whose designated witness 14 underwent significant surgery in December, from which she will not have 15 recuperated until at least the end of January or beginning of February 2018. The 16 parties have conferred and agree that this brief extension is the most reasonable way 17 to complete discovery in this case, including so that Chase’s designated witness has 18 sufficient time to attend to necessary medical treatment and recuperate before 19 traveling to Las Vegas for her depositions in not only this action but numerous other 20 lawsuits between Chase and SFR involving homeowners’ association foreclosure 21 sales. 22 This is the parties’ first request for an extension to the scheduling order 23 deadlines, which were submitted in compliance with LR 26-1. The parties make this 24 request in good faith and not for purposes of delay. 25 A. 26 27 28 Discovery Completed to Date To date, Chase has served the following discovery: its initial disclosure of documents and witnesses and its initial expert disclosure. To date, SFR has served the following discovery: its initial disclosure of 2 DMWEST #17361983 v1 Case 2:17-cv-00321-GMN-GWF Document 36 Filed 01/05/18 Page 3 of 6 1 documents and witnesses and notice of Rule 30(b)(6) deposition of Chase and notice 2 of deposition of Mortgage Electronic Registration Systems, Inc. 3 Moreover, on December 20, 2017, the Parties filed their interim status report. 4 See ECF No. 35. 5 B. Specific Description of Discovery that Remains to be Completed discussed below, however, the parties seek to reschedule Chase’s deposition to occur 8 after the current discovery cutoff of February 22, 2018. 1 9 depositions of SFR, Seven Hills, and non-party Alessi & Koenig, LLC. Chase and 10 SFR are currently preparing written discovery to be served on each other. Chase is 11 also preparing written discovery to be served on Seven Hills. 12 (702) 471-7000 FAX (702) 471-7070 SFR has noticed a Rule 30(b)(6) deposition of Chase for January 11, 2017. As 7 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 LAS VEGAS, NEVADA 89135 6 C. Chase plans to notice Good Cause Exists for the Requested Extension 13 SFR has noticed Chase’s deposition for January 11, 2018, but Chase’s Rule 14 30(b)(6) designee is unavailable on this date because the designee will be recovering 15 from a significant surgery she underwent in December. It is not known at this point 16 when her doctor will clear her to fly again, and she may be unable to fly until the end 17 of January or beginning of February 2018. The parties have met and conferred about 18 rescheduling Chase’s deposition in this and other similar lawsuits to the week of 19 March 19, 2017. Although it is anticipated that Chase’s designated witness should 20 be able to fly by February 2018, the parties are unable to schedule her deposition in 21 February as the witness will be testifying in numerous other lawsuits that month 22 (the rescheduling of which was also necessitated by her surgery.) 23 This is the parties’ first request to extend the discovery period in this case, and 24 they seek the extension so that Chase’s designated witness may have an opportunity 25 to receive necessary medical treatment and recover from the same, which treatment 26 The parties further reserve their rights to meet and confer and, if necessary, engage in motion practice regarding any discovery issues that may arise. 1 27 28 3 DMWEST #17361983 v1 Case 2:17-cv-00321-GMN-GWF Document 36 Filed 01/05/18 Page 4 of 6 1 and recovery were not anticipated at the time the parties filed their first proposed 2 scheduling order. The parties have diligently engaged in discovery to date, met and 3 conferred regarding the requested extension and scheduling of outstanding discovery 4 items, and seek this extension in good faith. 5 D. 6 7 The parties request an order extending the close of discovery, the deadline to file dispositive motions, and the deadline to file a pre-trial order by 60 days. 8 Event February 22, 2018 April 23, 2018 March 26, 2018 May 25, 2018 Pre-Trial Order 11 New Deadline Dispositive Motions 10 Current Deadline 2 Close of Discovery 9 April 25, 2018 June 25, 2018 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 LAS VEGAS, NEVADA 89135 Proposed Discovery Deadlines [Continued on the following page] 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 See Scheduling Order, ECF No. 16. 28 4 DMWEST #17361983 v1 Case 2:17-cv-00321-GMN-GWF Document 36 Filed 01/05/18 Page 5 of 6 1 2 3 4 5 This extension is not requested for purposes of delay and is reasonable and necessary given the good cause set forth above. IT IS SO STIPULATED. Dated: January 5, 2018 KIM GILBERT EBRON BALLARD SPAHR LLP By: /s/ Diana S. Ebron Diana S. Ebron, Esq. Nevada Bar No. 10580 Karen L. Hanks, Esq. Nevada Bar No. 9578 Jacqueline A. Gilbert, Esq. Nevada Bar No. 10593 7625 Dean Martin Drive, Ste 110 Las Vegas, Nevada 89139-5974 By: /s/ Maria A. Gall Abran E. Vigil, Esq. Nevada Bar No. 7548 Maria A. Gall, Esq. Nevada Bar No. 14200 Lindsay Demaree, Esq. Nevada Bar No. 11949 Kyle A. Ewing, Esq. Nevada Bar No. 14051 1980 Festival Plaza Drive, Suite 900 Las Vegas, Nevada 89135 Attorneys for SFR Investments Pool 1, LLC Attorneys for JPMorgan Chase Bank, N.A. 6 7 8 9 10 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 LAS VEGAS, NEVADA 89135 11 13 14 15 16 BOYACK ORME & ANTHONY 17 By: /s/ Patrick Orme Edward D. Boyack, Esq. Nevada Bar No. 5229 Patrick Orme, Esq. Nevada Bar No. 7853 7432 West Sahara Avenue, Suite 101 Las Vegas, Nevada 89117 18 19 20 21 22 23 Attorneys for Seven Hills Master Community Association ORDER 24 IT IS SO ORDERED: 25 26 27 UNITED STATES MAGISTRATE JUDGE 28 DATED: January 8, 2018 5 DMWEST #17361983 v1 Case 2:17-cv-00321-GMN-GWF Document 36 Filed 01/05/18 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I certify that on January 5, 2018, and pursuant to Federal Rule of Civil 3 Procedure 5, true copies of the foregoing STIPULATION AND ORDER TO EXTEND 4 SCHEDULING ORDER DEADLINES BY 60 DAYS was sent to the following parties 5 via U.S. Mail at the following addresses: 6 7 8 9 10 Real Time Resolutions, Inc. c/o The Corporation Trust Company of Nevada 701 S. Carson St., Suite 200 Carson City, NV 89701 Venancio Reyes, Jr. 1850 E. Serene Ave., Suite 101 Las Vegas, NV 89123 12 (702) 471-7000 FAX (702) 471-7070 BALLARD SPAHR LLP 1980 FESTIVAL PLAZA DRIVE, SUITE 900 LAS VEGAS, NEVADA 89135 11 /s/ Mary Kay Carlton An employee of BALLARD SPAHR LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 DMWEST #17361983 v1