United States District Court, D. Nevada
U.S. BANK N. A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff,
CAPITOL REEF REVOCABLE TRUST, a Nevada trust; FALLS AT HIDDEN CANYON HOMEOWNERS ASSOCIATION, INC., a Nevada non-profit corporation, Defendants.
WRIGHT LAW GROUP, P.C. JOHN HENRY WRIGHT, ESQ. ATTORNEY FOR
DEFENDANT CAPITOL REEF REVOCABLE TRUST
& MENDES, LLP THOMAS E. MCGRATH, ESQ. CHRISTOPHER A.
LUND, ESQ. MARGARET SCHMIDT, ESQ. ATTORNEY FOR DEFENDANT
FALLS AT HIDDEN CANYON HOMEOWNERS ASSOCIATION
BALLARD SPAHR LLP ABRAN E. VIGIL AND AMBER R. GONZALES
ATTORNEYS FOR PLAINTIFF
STIPULATION TO AMEND DISCOVERY PLAN AND SCHEDULING
U.S. Bank N. A., as Trustee f/b/o Holders of Structured Asset
Mortgage Investments II Inc., Bear Stearns ALT-A Trust,
Mortgage Pass-Through Certificates, Series 2006-3
(“Trustee”); Defendant Capitol Reef Revocable
Trust (“Capitol Reef”); and Defendant Falls at
Hidden Canyon Homeowners Association, Inc. (the
“Association”) (collectively, the
“Parties”) hereby submit this Stipulation to
Amend Discovery Plan and Scheduling Order pursuant to LR
IA6-1 and LR 26-4.
OF POINTS AND AUTHORITIES
STATEMENT OF FACTS
commenced this litigation on December 2, 2016. (ECF No. 1).
On December 19, 2016, Trustee filed Proof of Compliance with
Federal Rule of Civil Procedure 5.1(a) giving notice of
constitutional question to the Nevada Attorney General. (ECF
No. 4). On April 5, 2017, the Association filed its answer to
Trustee's complaint. (ECF No. 10). On April 14, 2017,
Capitol Reef filed a motion to dismiss Trustee's
complaint. (ECF No. 14). The Court has not yet ruled on this
22, 2017, the Parties filed a Stipulated Discovery Plan and
Scheduling Order. (ECF No. 18). On May 31, 2017, the Court
granted the Stipulated Discovery Plan and Scheduling Order
(the “Scheduling Order”). (ECF No. 19). On
October 9, 2017, the Parties filed a Stipulation to Amend
Discovery Plan and Scheduling Order (First Request). (ECF No.
25). On October 18, 2017, the Court granted the Stipulation
to Amend Discovery Plan and Scheduling Order (First Request).
(ECF No. 27).
Parties have been prosecuting this matter without intentional
delays. However, the Parties agree that a short extension of
the dispositive motion and joint pretrial order deadlines is
necessary and warranted. In light of the intervening
holidays, an extension is necessary to permit better access
to and communication with the respective parties regarding
dispositive motions and to further settlement discussions.
More importantly, an extension will allow all parties to
discuss settlement options prior to undertaking the expense
of briefing dispositive motions.
LOCAL RULE 26-4 REQUIREMENTS
has completed the following:
i. Service of its Initial Disclosures Pursuant to F.R.C.P.
ii. Service of its Request for Admissions, Requests for
Production of Documents, and Interrogatories ...