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Bank of America, N.A. v. Monte Bello Homeowners Association, Inc.

United States District Court, D. Nevada

January 16, 2017

BANK OF AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING LP; Plaintiffs,
v.
MONTE BELLO HOMEOWNERS ASSOCIATION, INC.; BELLARIA PI PBB TRUST; ATC ASSESSMENT COLLECTION GROUP, LLC A/K/A ANGIUS & TERRY COLLECTIONS, LLC, Defendants.

          ALVERSON, TAYLOR, MORTENSEN & SANDERS, KURT R. BONDS, ESQ., ADAM R. KNECHT, ESQ., Attorneys for Defendant Monte Bella HOA, Inc.

          MONTE BELLO HOMEOWNERS ASSOCIATION, INC.'S EMERGENCY MOTION TO EXTEND DISCOVERY DEADLINES [FIRST REQUEST]

         COMES NOW, Defendant MONTE BELLO HOMEOWNERS ASSOCIATION, INC., by and through its attorneys, the law firm of Alverson, Taylor, Mortensen & Sanders, and hereby submits its First Request for Motion to Extend Discovery Deadlines.

         I. RELEVANT FACTS

         1, This is the first motion to extend time to conduct discovery.

         2. This case was filed on March 2, 2016 by Bank of America, N.A. ("BANA") against ATC Assessment Collection Group, LLC a/k/a Angius & Terry Collections, LLC ("ATC"), Bellaria PI PBB Trust ("Bellaria"), Monte Bello Homeowners Association, Inc. ("Monte Bello")-[1] Generally, the claims against ATC, Bellaria, and Monte Bello centered around the foreclosure of 5124 Bellaria Place, Las Vegas, Nevada 89156 (the "Property") on or about January 19, 2012.

         3. BANA alleges four causes of action.

a. Quiet Title/Declaratory Judgment against All Defendants. BANA's claims alleges violations of its procedure due process rights, implication of the Supremacy clause and other legal issues relating to tender of payment and commercial reasonableness of the foreclosure sale;
b. Breach of NRS 116.1113 against Monte Bello and ATC;
c. Wrongful Foreclosure against Monte Bello and ATC; d. Injunctive Relief against Bellaria.

         4. Monte Bello filed its answer to the complaint on April 10, 2016. (Doc. 10). Bellaria filed its answer to the complaint on July 18, 2016. (Doc. 18). ATC filed a motion to dismiss the complaint on March 24, 2016. (Doc. 6). Subsequently, BANA's claims for breach of good faith under NRS 116 and wrongful foreclosure were dismissed without prejudice on September 30, 2016. (Doc. 28). Presently, ATC has not answered BANA's complaint.

         5. Notwithstanding all parties have not answered in this case, a Discovery Plan and Scheduling Order was entered on August 15, 2016 (Doc. 23), wherein Monday, January 16, 2017 was established as the lost day to complete discovery.

         6. BANA served its initial disclosures on or about August 8, 2016. Monte Bello served its initial disclosures on January 11, 2017.

         7. The remaining parties are in need of additional time to exchange initial disclosures required under Fed.R.Civ.P. 26(a)(1)(A).

         8. BANA served written discovery upon Monte Bello on or about November 22, 2016. Monte Bello has partially responded to such discovery.

         9. BANA served written discovery upon Bellaria on or about November 22, 2016. Bellaria has not responded to such discovery.

         10. BANA served written discovery upon ATC on or about November 22, 2016. A&T has not responded to such discovery.

         11. BANA noticed the deposition of Bellaria, the Association, and ATC for January 11, 2017.

         12. Discovery in this matter have been difficult to obtain with respect to Monte Bello. A change in the management company for Monte Bello has made it difficult to communicate with Monte Bello regarding necessary documents and Monte Bello's FRCP 30(b)(6) witness for deposition.

         13. After multiple attempts, I was able to contact Monte Bello's community manager. It was discovered that due to the transition between community managers, Monte Bello's collection files regarding the Property were sent to be stored at Iron Mountain, an offsite storage facility.

         14. After discussing the matter and discovery concerns with the community manager, I have determined that it will take nearly two weeks to locate Monte Bello's collection file, review it, and produce if for purposes of this litigation.

         15. It is also my understanding that Bellaria and ATC have had similar discovery issues. For instance, ATC recently merged with Nevada Association Services, Inc. which has complicated procurement of documents necessary to this matter.

         16. On January 11, 2016, I spoke to counsel for BANA regarding my discovery concerns and my inability to contact Monte Bello's 30(b)(6) witness regarding the deposition noticed by BANA. Due to the circumstances, it was agreed between counsel for BANA and me that I would prepare a stipulation to extend discovery from January 16, 2017 for a period of sixty (60) days up to and including March 17, 2017.

         17. It was also agreed that all documents required under Fed.R.Civ.P. 26(a)(1)(A) and all discovery previously propounded by BANA would be produced and/or responded to by January 25, 2017.

         18. Accordingly, I prepared the stipulation to extend discovery and sent it to all counsel. Currently, despite various emails and voice messages, I have not heard from Bellaria or ATC ...


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