Snow Covered Capital, LLC v. Fonfa et al, No. 2:2022cv01181 - Document 63 (D. Nev. 2023)

Court Description: ORDER Granting 62 Stipulation to Modify re 55 Motion for Protective Order, Responses due by 5/5/2023. Replies due by 5/12/2023. Signed by Magistrate Judge Cam Ferenbach on 4/6/2023. (Copies have been distributed pursuant to the NEF - JQC)

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Snow Covered Capital, LLC v. Fonfa et al 1 2 3 4 5 10 11 Attorneys for Snow Covered Capital, LLC 7 8 9 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Bob L. Olson, Esq. Nevada Bar No. 3783 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 Telephone: (702) 784-5200 Facsimile: (702) 784-5252 Email: bolson@swlaw.com James D. McCarthy (admitted pro hac vice) David Reynolds, Esq. (admitted pro hac vice) MaryAnn Joerres, Esq. (admitted pro hac vice) DIAMOND MCCARTHY, LLP 2711 N. Haskell Ave., Suite 3100 Dallas, TX 75204 Telephone: (214) 389-5300 Email: jmccarthy@diamondmccarthy.com dreynolds@diamondmccarthy.com mjoerres@diamondmccarthy.com 6 Snell & Wilmer Doc. 63 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 SNOW COVERED CAPITAL, LLC, Plaintiff, 16 17 vs. 18 JODI FONFA; EVAN FONFA, an individual and in his capacity as the Trustee of THE EVAN FONFA 2018 TRUST dated December 26, 2018; THE EVAN FONFA 2018 TRUST dated December 26, 2018; and DOE DEFENDANTS I THROUGH X. 19 20 Case No.: 2:22-cv-01181-CDS-VCF 21 STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE ON MOTION FOR PROTECTIVE ORDER [ECF NO. 55] PURSUANT TO LR 7-2(b) (FIRST REQUEST) Defendants. 22 23 Plaintiff Snow Covered Capital, LLC (“SCC”), Defendant Jodi Fonfa (“J. Fonfa”), 24 Defendant Evan Fonfa, individually and in his capacity as the Trustee of the Evan Fonfa 2018 Trust 25 dated December 26, 2018 (“E. Fonfa”), and The Evan Fonfa 2018 Trust dated December 26, 2018 26 (“E. Fonfa Trust” and collectively, the “Parties”), by and through their undersigned counsel, for 27 good cause shown, hereby stipulate and agree to modify the briefing schedule set by LR 7-2(b) for 28 the Motion for Protective Order filed by Evan Fonfa, individually and as Trustee of the Evan Fonfa 1 4862-5699-5675 Dockets.Justia.com 1 2018 Trust, [ECF No. 55] (the “Motion”). The modification is necessary because the original due 2 dates are no longer viable as a result of Motion-related and other events occurring since the filing 3 of the Motion, including the filing of a proposed supplement to that Motion, 4 I. 5 General Matters 6 1. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 On July 22, 2022, SCC filed its Complaint to Avoid Fraudulent Conveyances and 7 Nonprobate Transfers Upon Death against J. Fonfa, E. Fonfa and the E. Fonfa Trust (collectively 8 the “Defendants”). [ECF No. 1]. 9 Snell & Wilmer RECITALS 2. On September 23, 2023, SCC filed its First Amended Complaint to Avoid 10 Fraudulent Conveyances and Nonprobate Transfers Upon Death against Defendants. [ECF No. 11 31]. 12 3. On October 19, 2022, U.S. Magistrate Judge Cam Ferenbach entered the Discovery 13 Plan and Scheduling Order (the “Discovery Order”) [ECF No. 36], whereby the parties are to 14 conduct all discovery by June 2, 2023. 15 16 The Motion For Protective Order 4. On March 24, 2023, E. Fonfa and the E. Fonfa Trust filed their fourteen-page 17 Motion. Pursuant to LR 7-2(b) all oppositions to the Motion are currently due on or before April 18 7, 2023. 19 5. On March 31, 2023, E. Fonfa and the E. Fonfa Trust filed their eleven-page Motion 20 for Leave to File Supplement to Motion for Protective Order [ECF No. 61]. Should leave be 21 granted, that Supplement would significantly alter the basis for the original Motion for Protective 22 Order. Pursuant to LR 7-2(b) all oppositions to that Motion for Leave are currently due on or before 23 April 14, 2023. 24 25 Events Before and Since the Filing of the Motion for Protective Order 6. On March 15, 2023, SCC served a subpoena upon Steven Pacitti (the “Pacitti 26 Subpoena”). The Pacitti Subpoena required the production of documents from Mr. Pacitti and for 27 his deposition on March 29, 2023, at 9:00 a.m. 28 -24862-5699-5675 1 grounds and declined to appear for his deposition or produce documents without a court order. Mr. 3 Pacitti’s deposition has been postponed pending Mr. Pacitti’s preparation of a privilege log and 4 production of non-privileged documents. As of the date of this stipulation, Mr. Pacitti has not 5 served the Parties with his privilege log or with those documents. 8. On March 15, 2023, SCC served a subpoena upon the Morris Estate Planning 7 Attorneys (the “Morris Subpoena”). The Morris Subpoena required the production of documents 8 and for its deposition on March 29, 2023, at 3:00 p.m. 9 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Mr. Pacitti objected to the Pacitti Subpoena based on attorney-client privilege 2 6 Snell & Wilmer 7. 9. Morris Estate Planning Attorneys also objected to the Morris Subpoena based on 10 the attorney-client privilege grounds and declined to appear for his deposition or produce 11 documents without a court order. The Morris Estate Planning Attorneys’ deposition has been 12 postponed pending discussions to resolve those objections. 13 10. On March 14, 2023, SCC served subpoenas upon John E. Dawson, Esq., and 14 Dawson & Lordahl, PLLC (collectively the “Dawson Subpoenas” and together with the Pacitti 15 Subpoena and the Morris Subpoena, the “Subpoenas”). The Dawson Subpoenas required the 16 production of documents by Dawson and Dawson & Lordahl in advance of Mr. Dawson’s 17 deposition on March 3, 2023, at 9:00 a.m. and Dawson & Lordahl’s deposition immediately 18 following Mr. Dawson’s deposition. 19 11. Neither Mr. Dawson nor Dawson & Lordahl objected to the Dawson Subpoenas 20 prior to their noticed depositions, and neither Mr. Dawson nor Dawson & Lordahl prepared a 21 privilege log nor produced documents responsive to their subpoenas prior to their depositions. Mr. 22 Dawson appeared for those depositions on March 31, 2023, and his deposition was consolidated 23 with the deposition of Dawson & Lordahl. Mr. Dawson did not produce any documents and his 24 counsel instructed him not to answer multiple questions on confidentiality and attorney-client 25 privilege grounds. 26 12. Immediately following the deposition of Mr. Dawson, the Parties and counsel for 27 Mr. Dawson and Dawson & Lordahl held the meet and confer required by LR IA 1-3(f) and LR 28 26-6(c). At that meet and confer, Mr. Dawson and Dawson & Lordahl agreed to work with the -34862-5699-5675 1 Defendants’ counsel to, among other things, prepare a privilege log within three weeks (by April 2 21, 2023), produce all nonprivileged documents, and work in good faith to reschedule the 3 depositions of Mr. Dawson and Dawson & Lordahl. 4 13. 5 logs from Mr. Dawson and Dawson & Lordahl are due, and likely well before the issues with Mr. 6 Pacitti and the Morris Estate Planning Attorneys will be resolved. L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 7 Snell & Wilmer The current opposition deadline of April 7, 2023 is two weeks before the privilege 14. It would promote judicial economy and minimize the expenses of the Parties if the 8 opposition to the Motion is not required until a reasonable period following production of the 9 privilege logs and non-privileged documents by Mr. Dawson, Dawson & Lordahl and Messrs. 10 Pacitti and Morris. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -44862-5699-5675 1 II. 2 otherwise, are due on or before May 5, 2023, and all replies in support of the Motion are due on or 4 before May 12, 2023. 6 7 8 9 L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 Therefore, the Parties agree that all oppositions to the Motion, as supplemented or 3 5 Snell & Wilmer 15. STIPULATION SNELL & WILMER L.L.P. THE JIMMERSON LAW FIRM, P.C. /s/ Bob L. Olson Bob L. Olson (NV Bar No. 3783) 3883 Howard Hughes Parkway, Ste. 1100 Las Vegas, NV 89169 Telephone: (702) 784-5200 Email: bolson@swlaw.com /s/ James J. Jimmerson James J. Jimmerson (NV Bar No. 00264) James M. Jimmerson (NV Bar No. 12599) 415 South Six Street, Suite 100 Las Vegas, NV 89101 Telephone: (702) 388-7171 Email: jimmerson@jimmersonlawfirm.com jmj@jimmersonlawfirm.com 10 and 11 James D. McCarthy (admitted pro hac vice) David Reynolds, Esq. (admitted pro hac vice) MaryAnn Joerres, Esq. (admitted pro hac vice) DIAMOND MCCARTHY, LLP 2711 N. Haskell Ave., Suite 3100 Dallas, TX 75204 Telephone: (214) 389-5300 Email: jmccarthy@diamondmccarthy.com dreynolds@diamondmccarthy.com mjoerres@diamondmccarthy.com 12 13 14 15 16 17 Attorneys for Plaintiff Snow Covered Capital, LLC 18 Attorneys for Defendant Jodi Fonfa SOLOMON DWIGGINS FREER & STEADMAN, LTD. /s/ Dana A. Dwiggins Dana A. Dwiggins (Nevada Bar No. 7049) Jacob D. Crawley (Nevada Bar No. 15200 9060 W. Cheyenne Ave. Las Vegas, NV 89129 Telephone: (702) 853-5483 Email: ddwiggins@sdfnvlaw.com jcrawley@sdfnblaw.com Attorneys for Defendant Evan Fonfa, individually and as Trustee of Defendant the Evan Fonfa 2018 Trust 19 20 21 22 23 ORDER IT IS SO ORDERED. IT IS SO ORDERED. 24 25 ______________________________ DATED: this ____ day of April 2023. Cam Ferenbach 26 United States Magistrate Judge 27 4-6-2023 DATED ________________________ UNITED STATES DISTRICT COURT JUDGE 28 -54862-5699-5675 1 CERTIFICATE OF SERVICE 2 I hereby certify that on April 5, 2023, I electronically filed the foregoing STIPULATION 3 AND ORDER TO MODIFY BRIEFING SCHEDULE FOR MOTION FOR 4 PROTECTIVE ORDER [ECF NO. 55] PURSUANT TO LR 7-2(b) with the Clerk of 5 Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system. 6 Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. 7 8 DATED this 5th day of April 2023. 9 /s/ Mary Full An Employee of Snell & Wilmer L.L.P. 10 Snell & Wilmer L.L.P. LAW OFFICES 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169 702.784.5200 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -64862-5699-5675

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