United States District Court, D. Nevada
PROF-2013-S3 LEGAL TITLE TRUST IV, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, Plaintiff,
REO INVESTMENT ADVISORS V, LLC, RICHARD BARON, MANAGER; EL DORADO NEIGHBORHOOD SECOND HOMEOWNERS ASSOCIATION, Defendants. REO INVESTMENT ADVISORS V, LLC, Counterclaimant,
PROF-2013-S3 LEGAL TITLE TRUST IV, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, Counter-Defendant.
WRIGHT, FINLAY & ZAK, LLP, Edgar C. Smith, Esq. Nevada
Bar No. 5506 Krista J. Nielson, Esq.,
Plaintiff/Counter-Defendant, PROF-2013-S3 Legal Title Trust
IV, by U.S. Bank National Association, as Legal Title Trustee
& HONG, Joseph Y. Hong, Esq. Nevada Bar No. 05995
Defendant/Counterclaimant, REO Investment Advisors V, LLC
JOHNSON SONG & GRUCHOW, Sean L. Anderson, Esq., Ryan D.
Hastings, Esq. Defendant Eldorado Neighborhood
AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY
DEADLINES [SECOND REQUEST]
PROF-2013-S3 Legal Title Trust IV, by U.S. Bank National
Association, as Legal Title Trustee (hereinafter
“PROF”), Defendant/Counterclaimant, REO
Investment Advisors V, LLC (hereinafter “REO”),
and Defendant, El Dorado Neighborhood Second Homeowners
Association (“HOA”) (collectively, the
“Parties”), by and through their respective
counsels of record, hereby submit the following Stipulation
and Order to extend the discovery deadlines for sixty (60)
DISCOVERY COMPLETED TO Dated:
served its Initial Disclosure of Witnesses and Documents on
May 17, 2017, disclosed its expert witness on August 15,
2017, and served its Supplemental Disclosures on November 14,
2017. HOA served its Initial Disclosure of Witnesses and
Documents on November 17, 2017. PROF also propounded written
discovery on REO and HOA, and served a deposition subpoena
duces tecum to Terra West Collections Group, LLC d/ba
Assessment Management Services (“HOA Trustee”).
PROF also completed the deposition of HOA Trustee on November
8, 2017. PROF also scheduled the depositions of REO and HOA
for November 21 and November 27, 2017, respectively.
DISCOVERY ANTICIPATED TO BE COMPLETED IN THE
has the deposition of HOA scheduled for November 27, 2017.
PROF and REO are working to reschedule the deposition of
REO's corporate designee after the designee's
depositions previously scheduled for October 23, 2017 and
November 21, 2017, did not go forward. PROF also expects to
disclose additional documents pursuant to the stipulated
protective order granted on November 21, 2017.
REASONS WHY DISCOVERY SHOULD BE EXTENDED:
the requested extension of discovery, good cause exists to
extend the discovery deadline 60 days. Good cause to extend
the discovery cutoff exists "if it cannot reasonably be
met despite the diligence of the party seeking the
extension." See Johnson v. Mammoth Recreations,
Inc., 975 F.2d 604, 608-09 (9th Cir. 1992). Here, PROF
noticed the deposition of REO within the discovery period,
however, REO's corporate designee, at the last minute on
two occasions, notified PROF's counsel they would not be
able to attend the scheduled deposition. Further, PROF
expects to disclose additional documents prior to the end of
the discovery period that should be received by PROF's
counsel shortly. PROF's failure to seek an extension
sooner is also the result of excusable neglect as PROF timely
noticed the deposition of REO but REO did not appear at two
scheduled depositions, requiring rescheduling. This is the
parties' second request for this extension and is not
intended to cause any delay or prejudice to any party.
PROPOSED DISCOVERY EXTENSION:
The current discovery deadlines
to amend pleadings or add parties ...