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Bank of America, N.A. v. Solera at Stallion Mountain Unit Owners' Association

United States District Court, D. Nevada

August 29, 2017

BANK OF AMERICA, N.A.; Plaintiff,
v.
SOLERA AT STALLION MOUNTAIN UNIT OWNERS' ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; and NEVADA ASSOCIATION SERVICES, INC., Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/cross-claimant,
v.
BANK OF AMERICA, N.A.; PAUL O. PARTON, an individual; CORNELIA A. PARTON, an individual, Counter-Defendant.

          ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 AKERMAN LLP Attorneys for Bank of America, N.A.

          BANK OF AMERICA, N.A.'S MOTION TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES

          PEGGY A. LEEN, UNITED STATES MAGISTRATE JUDGE

         Pursuant to LR 6-1 and LR 26-4, plaintiff Bank of America, N.A. (BANA) respectfully requests the court briefly extend the expert designation, rebuttal expert designation, interim status report, discovery, dispositive motions, and final pretrial order deadlines. In compliance with the local rules, BANA has attempted in good faith to meet and confer to resolve this dispute prior to filing this motion. See Decl. of Jamie Combs, filed concurrently with this motion.

         I. Introduction and Procedural History.

         On October 6, 2016, BANA filed its complaint against Solera at Stallion Mountain Unit Owners' Association (Solera), SFR Investments Pool 1, LLC (SFR), and Nevada Association Services, Inc. (NAS), requesting the court void HOA's foreclosure of its lien and sale of the property to SFR for approximately 3% of the unpaid principal balance of the loan.[1] NAS failed to respond to the complaint and a clerk's default was entered on May 24, 2017.[2]

         BANA filed the parties' proposed discovery plan and scheduling order on January 12, 2017.[3]On January 13, 2017, the court entered the scheduling order[4] containing the following deadlines:

Discovery Cut-Off Date: July 10, 2017
Rule 26(a)(2) Disclosures (Experts): May 11, 2017
Rule 26(a)(2) Rebuttal Experts: June 14, 2017
Interim Status Report: May 11, 2017
Dispositive Motions Filing: August 9, 2017
Pretrial Order: September 8, 2017

         BANA has proceeded with discovery according to the scheduling order. BANA and SFR are in the process of noticing and scheduling depositions. SFR served a notice for the deposition of BANA's corporate representative including numerous overbroad and irrelevant topics. Counsels for BANA and SFR met and conferred, but were unable to come to an agreement on all topics. BANA will be filing a motion for protection to limit SFR's deposition topics and anticipates the parties will need additional time in the discovery period to complete depositions and final discovery.

         Additionally, BANA subpoenaed the deposition of the 30(b)(6) witness for Nevada Association Services, Inc. for June 30, 2017. NAS, however, has represented that its witness has no availability for a deposition in this matter until late August. BANA also noticed the deposition of Solera's 30(b)(6) witness for June 27, 2017. ...


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