United States District Court, D. Nevada
E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088 AKERMAN LLP Attorneys for Bank of
BANK OF AMERICA, N.A.'S MOTION TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION DEADLINES
A. LEEN, UNITED STATES MAGISTRATE JUDGE
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.
Introduction and Procedural History.
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. NAS failed to respond to the complaint and
a clerk's default was entered on May 24,
filed the parties' proposed discovery plan and scheduling
order on January 12, 2017.On January 13, 2017, the court entered
the scheduling order 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
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.
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. ...