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Wilmington Trust, N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

December 20, 2017

WILMINGTON TRUST, N.A., SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4 Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; GIAVANNA HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation, Defendants. GIAVANNA HOMEOWNERS ASSOCIATION, Third Party Plaintiff,
v.
ABSOLUTE COLLECTION SERVICES, LLC, Third Party Defendant. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross Claimant,
v.
WILMINGTON TRUST, N.A., SUCCESSOR TRUSTEE TO CITIBANK, N.A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST 2006-4, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-4; MASHELLE CLARK aka SHELLY CLARK, an individual, Counter/Cross Defendants.

          BALLARD SPAHR LLP, Joel E. Tasca (#14124) Justin A. Shiroff (#12869) Attorneys for Plaintiff

          BOYACK ORME & ANTHONY, Edward D. Boyack (#5229) Christopher B. Anthony (#9748) Attorneys for Giavanna Homeowners Association

          KIM GILBERT EBRON, Diana S. Ebron (#10580), Jacqueline A. Gilbert (#10593), Karen L. Hanks (#9578) Trella N. McLean (#13376), Attorneys for SFR Investments Pool 1, LLC

          ABSOLUTE COLLECTION SERVICES, LLC Shane D. Cox (#13852), Attorney for Absolute Collection Services, LLC

          STIPULATED MOTION TO EXTEND DISCOVERY DEADLINES

         Pursuant to Fed.R.Civ.P. 26(a)(2) and 6(b)(a)(1)(A) and LR 26-4, Plaintiff/Counter-Defendant Wilmington Trust, N.A., Successor Trustee to Citibank, N.A., as Trustee F/B/O Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust 2006-4, Mortgage Pass-Through Certificates, Series 2006-4 (the “Trustee”), Defendant/Counterclaimant SFR Investment Pools 1, LLC (“SFR”), Defendant/Third Party Plaintiff Giavanna Homeowners Association (the “Association”), and Third Party Defendant Absolute Collection Services, LLC (“ACS”) (together, the “Parties”) hereby submit the following Stipulated Motion to Extend Discovery Deadlines.

         Under the Stipulated Discovery Plan and Scheduling Order [ECF No. 26], as amended by the Stipulation and Order to Extend Discovery Deadlines [ECF No. 35], the current deadlines are as follows:

Discovery Cut-Off
Wednesday, December 20, 2017
Dispositive Motions
Monday, January 22, 2018
Joint Pre-Trial Order
Thursday, February 22, 2018

         Pursuant to LR 26-4, a stipulation to extend any dates set by the scheduling order must be supported by a showing of good cause for the extension. “The good cause inquiry focuses primarily on the movant's diligence.” Novotny v. Outback Steakhouse of Fla., LLC, 2017 U.S. Dist. LEXIS 114672 at *2 (D. Nev. July 21, 2017) (citing Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294-95 (9th Cir. 2000)). “Good cause to extend a discovery deadline exists ‘if it cannot reasonably be met despite the diligence of the party seeking the extension.'” Id. (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992)). Good cause exists in this case. All of the Parties have exercised diligence with regards to completing discovery. The Parties believe that a 60-day extension is warranted given the need to review discovery responses provided by ACS and determine whether it is necessary to take, defend, and prepare for depositions in this case.

         (a) Statement Specifying the Discovery Completed;

         At this point in litigation, the Trustee has provided its initial disclosures, designated its expert witness and disclosed an expert report, responded to SFR's initial set of discovery requests, responded to SFR's second set of discovery requests, and served written discovery requests to all Parties. The Trustee's written discovery requests to ACS were dated September 15, 2017. The Trustee's 30(b)(6) witness has been deposed. The Trustee has also subpoenaed documents from FirstService Residential Nevada, LLC, which subpoena responses are due December 18, 2017, and have not yet been received. The Trustee noticed the 30(b)(6) deposition of SFR, ACS, and the Association, but vacated these depositions to ask SFR, ACS, and the Association about their witness availability.

         SFR has provided its initial disclosures, served a first round of written discovery requests on the Trustee and received responses to these requests, served a second round of written discovery on the Trustee, and taken the 30(b)(6) deposition of the Trustee's chosen witness. SFR left the 30(b)(6) deposition of the Trustee's chosen witness open to address additional questions that SFR.

         The Association has served its initial disclosures and responded to the Trustee's written discovery requests.

         ACS timely responded to the Trustee's requests for admission on October 16, 2017. However, ACS did not timely respond to the Trustee's interrogatories or requests for production. Instead, ACS mailed responses to the Trustee's interrogatories and requests for production on December 12, 2017, and provided courtesy electronic copies to the Trustee on December 13, 2017, one week prior to the close of discovery.

         (b) Specific Description of the Discovery that ...


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