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U.S. Bank, N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

February 8, 2017

U.S. BANK, N.A., NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THE HOLDERS OF THE BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2006-AC1, ASSET BACKED CERTIFICATES, SERIES 2006-AC1, a national association, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Domestic Limited Liability Company, Defendant. SFR INVESTMENTS POOL 1, LLC, a Nevada limited-liability company, Counter/Cross Claimant,
v.
U.S. BANK, N.A., NOT INDIVIDUALLY BUT SOLELY AS TRUSTEE FOR THEHOLDERS OF THE BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2006-AC1, ASSET BACKED CERTIFICATES, SERIES 2006-AC1, a national association; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, as nominee for UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC, a Florida limited liability company, its successors and assigns, and VICHEARITH KHUON, an individual, Counter/Cross Defendants.

          WRIGHT, FINLAY, & ZAK, LLP, Edgar C. Smith, Esq., Christopher A.J. Swift, Esq., Attorneys for U.S. Bank, N.A.

          SNELL & WILMER L.L.P., Andrew M. Jacobs, Esq., Wayne Klomp, Esq., Attorneys for Mortgage Electronic Registration Systems, Inc.

          KIM, GILBERT, EBRON, Ebron Diana Cline Ebron, Esq., Jacqueline A. Gilbert, Esq., Karen L. Hanks, Esq. Attorneys for SFR Investments Pool 1, LLC

          STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER SPECIAL SCHEDULING REVIEW REQUESTED

          C.W. HOFFMAN, JR., UNITED STATES MAGISTRAE JUDGE

         STIPULATED DISCOVERY PLAN AND SCHEDULING ORDER

         Pursuant to Fed.R.Civ.P. 26(f), Local Rule 26-1, and this Court's order dated January 24, 2017 (ECF No. 41), Plaintiff and Counter-Defendant U.S. Bank National Association, NA. Not Individually But Solely as Trustee for the Holders of the Bear Stearns Asset Backed Securities I Trust 2006-AC1, Asset Backed Certificates, Series 2006-AC1 ("U.S. Bank") together with Defendant and Counter/Cross Claimant SFR Investments Pool 1, LLC ("SFR") and Cross-Defendant Mortgage Electronic Registration Systems, Inc. ("MERS", and jointly with U.S. Bank and SFR, the "Parties"), by and through their respective counsel, submit this Stipulated Discovery Plan and Scheduling Order in the above-referenced case. Special scheduling review is requested.

         A. Meet and Confer.

         Pursuant to Fed.R.Civ.P. 26(f) and Local Rule 26-1(f), a meeting was held on February 6, 2017, and was attended by representatives for U.S. Bank, SFR, and MERS.

         B. Briefing Schedule.

         MERS filed a Motion to Dismiss SFR's Cross-Claims ("Motion") on August 24, 2016 (ECF No. 34). The Motion was substantively joined by U.S. Bank (ECF No. 39). The case was stayed prior to the deadline for a response from SFR. As a result, the parties have agreed to renew the briefing schedule with the following dates and request an order entering the dates:

Response to Motion Due March 7, 2017
Reply in support of Motion/Joinder Due March 21, 2017

         C. Discovery Plan.

         1. Discoverable Matters.

         Discovery may be conducted on all discoverable matters relevant to issues raised by the complaint, answer, defenses, any counterclaims, and any subsequent pleadings, consistent with the Federal Rules of ...


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