SFR Investments Pool 1, LLC v. Newrez LLC, No. 2:2022cv00626 - Document 85 (D. Nev. 2023)
Court Description: ORDER granting 84 Stipulation to extend discovery deadlines. Discovery due by 6/9/2023. Motions due by 7/10/2023. Proposed Joint Pretrial Order due by 8/9/2023. Signed by Magistrate Judge Elayna J. Youchah on 5/1/2023. (Copies have been distributed pursuant to the NEF - CAH)
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SFR Investments Pool 1, LLC v. Newrez LLC Doc. 85 Case 2:22-cv-00626-GMN-EJY Document 85 Filed 05/01/23 Page 1 of 6 1 2 3 4 5 6 7 8 9 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 PAIGE L. MAGASTER, ESQ. Nevada Bar No. 15557 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: melanie.morgan@akerman.com Email: paige.magaster@akerman.com Attorneys for NewRez LLC d/b/a Shellpoint Mortgage Servicing 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 SFR INVESTMENTS POOL 1, LLC, 13 Plaintiff, STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES 14 vs. 15 NEWREZ LLC D/B/A SHELLPOINT MORTGAGE SERVICING; DOES I through X; ROE BUSINESS ENTITIES I through X, inclusive, 16 17 NEWREZ LLC D/B/A MORTGAGE SERVICING, 20 21 22 (SECOND REQUEST) Defendants. 18 19 Case No.: 2:22-cv-00626-GMN-EJY SHELLPOINT Counterclaimant, v. SFR INVESTMENTS POOL 1, LLC, 23 Counter-Defendant. 24 25 NewRez, LLC dba Shellpoint Mortgage Servicing and SFR Investments Pool 1, LLC, hereby 26 respectfully submit this stipulation and order to extend the close of discovery set forth in the court 27 minutes entered on February 27, 2023 [ECF No. 67], pursuant to LR 26-3 and LR IA 6-1. 28 /// Dockets.Justia.com Case 2:22-cv-00626-GMN-EJY Document 85 Filed 05/01/23 Page 2 of 6 1 I. INTRODUCTION. 2 SFR is the current record owner of property located at 6451 Hamilton Grove Avenue, Las 3 Vegas, Nevada 89122 (the property). SFR entered the highest bid at an HOA foreclosure sale on 4 October 19, 2012. Shellpoint's predecessor, Ditech Financial LLC, and Federal National Mortgage 5 Association (Fannie Mae) as well as its conservator initiated a prior quiet title action concerning the 6 validity of the deed of trust in December 2015. This court granted summary judgment against SFR 7 in March 2019, and the Ninth Circuit affirmed the following year, in June 2020. 8 SFR initiated this action on April 14, 2022 [ECF No. 1]. SFR claims the deed of trust 9 extinguished under NRS 106.240 and further claims that Shellpoint violated NRS 107.200 et seq. 10 Id. Shellpoint filed its answer, affirmative defenses, and counterclaims on June 21, 2022 [ECF No. 11 15]. Shellpoint generally denies the allegations in SFR's complaint. Shellpoint contends its property 12 interest remains superior to any property interest SFR claims. Shellpoint asserts the following 13 counterclaims: (1) quiet title/declaratory relief; (2) tortious interference with contractual relations; 14 (3) abuse of process; (4) slander of title; (5) equitable lien – in the alternative. 15 II. STATEMENT SPECIFYING THE DISCOVERY COMPLETED. 16 On July 18, 2022, the court entered a stipulated discovery plan and scheduling order [ECF 17 No. 24]. On October 12, 2022, the court extended the expert disclosure deadlines [ECF No. 32]. On 18 December 1, 2022, the court extended the discovery deadline and the rebuttal expert disclosure 19 deadline [ECF No. 34]. On February 27, 2023, the court granted Shellpoint's motion to extend 20 discovery deadlines and set the following deadlines [ECF No. 67]: 21 (a). Discovery cut off: May 18, 2023. 22 (b). Last date to file dispositive motions: June 19, 2023. 23 (c). Pre-trial order: July 19, 2023. 24 The following discovery has been completed: 25 1. Shellpoint served its initial disclosures on July 28, 2022. 26 2. SFR served its initial disclosures on July 28, 2022. 27 3. Shellpoint served its first set of requests for production of documents and first set of 28 interrogatories to SFR on October 12, 2022. 2 Case 2:22-cv-00626-GMN-EJY Document 85 Filed 05/01/23 Page 3 of 6 1 2 4. Shellpoint noticed the deposition of SFR's Rule 30(b)(6) witness for December 8, 2022 on October 26, 2022. 3 5. SFR served its initial expert disclosure on November 10, 2022. 4 6. SFR served its first set of requests for admission, first set of requests for production 5 of documents and first set of interrogatories to Shellpoint on November 10, 2022. 6 7. SFR served its first supplement to initial disclosures on November 17, 2022. 7 8. SFR served its responses to Shellpoint's first set of requests for production of 8 documents and first set of interrogatories on November 17, 2022. 9 10 9. Shellpoint served its second set of requests for production of documents to SFR on November 18, 2022. 11 10. Shellpoint served its first supplement to initial disclosures on December 9, 2022. 12 11. Shellpoint served its responses to SFR's requests for admission, responses to SRF's 13 requests for production of documents, and responses to SFR's interrogatories on December 9, 2022. 14 15 12. 2023 on December 15, 2022. 16 17 Shellpoint re-noticed the deposition of SFR Rule 30(b)(6) witness for January 26, 13. Shellpoint noticed the deposition of SFR's expert witness for January 17, 2023 on December 16, 2022. 18 14. Shellpoint served its rebuttal expert disclosure on December 19, 2022. 19 15. SFR served its supplemental answers to Shellpoint's interrogatories on December 21, 16. SFR noticed the deposition of Shellpoint's Rule 30(b)(6) witness for January 23, 2023 20 21 22 23 24 25 2022. on December 28, 2022. 17. SFR served its responses to Shellpoint's second set of requests for production of documents on January 13, 2023. 18. Shellpoint re-noticed the deposition of SFR's expert witness for February 10, 2023 on 26 January 17, 2023. The parties have agreed that Shellpoint may proceed with the deposition of SFR's 27 expert witness on May 26, 2023. 28 19. Shellpoint served its second supplement to initial disclosures on January 20, 2023. 3 Case 2:22-cv-00626-GMN-EJY Document 85 Filed 05/01/23 Page 4 of 6 1 2 20. SFR re-noticed the deposition of Shellpoint's Rule 30(b)(6) witness for February 17, 2023 on January 23, 2023. 3 21. SFR served Bank of America, N.A. successor by merger to BAC Home Loans 4 Servicing, LP fka Countrywide Home Loans Servicing, LP (BANA) with a subpoena duces tecum 5 on January 24, 2023. 6 7 22. Shellpoint re-noticed the deposition of SFR's Rule 30(b)(6) witness for February 16, 2023, on January 25, 2023. 8 23. SFR served its first supplemental expert witness disclosure on February 1, 2023. 9 24. SFR re-noticed the deposition of Shellpoint's Rule 30(b)(6) witness for April 28, 2023 10 on March 8, 2023. 11 25. Shellpoint served its first supplemental rebuttal expert disclosure on April 7, 2023. 12 26. SFR re-noticed the deposition of Shellpoint's Rule 30(b)(6) witness for May 9, 2023 13 on April 24, 2023. 14 27. 15 on April 27, 2023. 16 III. Shellpoint re-noticed the deposition of SFR's Rule 30(b)(6) witness for May 15, 2023, SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN COMPLETED. 17 (a) Shellpoint's deposition of the SFR's Rule 30(b)(6) witness. 18 (b) Shellpoint's deposition of SFR's expert witness. 19 (c) SFR's deposition of Shellpoint's Rule 30(b)(6) witness. 20 (d) BANA’s production of documents pursuant to subpoena1 21 Shellpoint reserves the right to notice the deposition of Christopher Hardin should the need 22 arise. SFR reserves the right to object and has already voiced its objection informally via email 23 correspondence. The parties reserve the right to participate in any additional discovery during the 24 time frames outlined below should the need arise. 25 1 26 27 28 SFR moved to compel production by BANA. ECF No. 73. BANA agreed to produce the documents, and SFR and BANA stipulated to extend the deadline for BANA to respond to SFR's motion while SFR and BANA agreed to a protective order. ECF No. 77. Shellpoint opposed SFR's motion, taking the position that the court should not compel disclosure or enter a stipulated protective order. ECF No. 78. SFR replied in support of its motion and responded to Shellpoint's position therein. ECF No. 79. Thereafter, Shellpoint refused to sign the protective order SFR and BANA agreed upon, and now BANA is seeking a protective order so it can produce documents responsive to the subpoena. ECF No. 83. The parties dispute whether production is appropriate. 4 Case 2:22-cv-00626-GMN-EJY Document 85 Filed 05/01/23 Page 5 of 6 1 IV. REASON WHY EXTENSION IS REQUIRED. 2 Discovery closes on May 18, 2023. The parties have participated in discovery in good faith 3 during the current discovery period. Additional time is needed to conduct the deposition of SFR's 4 expert, who is not available prior to the close of discovery on May 18, 2023, and for Shellpoint to 5 determine whether a deposition of Christopher Hardin, or any other further discovery, is necessary 6 and seek a further extension as needed. 7 requested extension. The parties request a twenty-two (22) day extension of the discovery deadline 8 to allow for full discovery. The parties are requesting an extension one day after the expiration of the 9 21-day cutoff. Excusable neglect exists because the parties only recently agreed to the discovery 10 extension requested herein, and SFR's counsel was out of the office on the day of the deadline and 11 thus unable to fully review and respond to the proposed stipulation and order sent that day. Counsel 12 for the parties then discussed, finalized, and agreed upon the language herein. 13 V. 14 15 For these reasons, good cause exists for the parties' PROPOSED NEW SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY. The parties agree that discovery will be extended twenty-two (22) days, and the scheduling order deadlines will be extended to the following: 16 (a). Discovery cut off: June 9, 2023. 17 (b). Last date to file dispositive motions: July 10, 2023.2 18 (c). Pre-trial order: August 9, 2023. 19 DATED this 1st day of May, 2023. 20 AKERMAN LLP HANKS LAW GROUP 21 /s/ Paige L. Magaster ARIEL E. STERN, ESQ. Nevada Bar No. 8276 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 PAIGE L. MAGASTER, ESQ. Nevada Bar No. 15557 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Attorneys for NewRez LLC dba Shellpoint Mortgage Servicing /s/ Karen L. Hanks KAREN L. HANKS, ESQ. Nevada Bar No. 9578 CHANTEL M. SCHIMMING, ESQ. Nevada Bar No. 8886 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 22 23 24 25 26 Attorneys for SFR Investments Pool 1, LLC 27 28 2 The date occurring 30 days after the discovery cut-off falls on Sunday, July 9, 2023. The parties agree to move this deadline to the following business day. 5 Case 2:22-cv-00626-GMN-EJY Document 85 Filed 05/01/23 Page 6 of 6 ORDER 1 2 3 4 IT IS SO ORDERED. UNITED STATES MAGISTRATE JUDGE Case No. 2:22-cv-00626-GMN-EJY 5 6 DATED: May 1, 2023 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6
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