United States District Court, D. Nevada
HSBC BANK USA, NATIONAL ASSOCIATION as Trustee for Nomura Asset Acceptance Corporation, Mortgage Pass-Through Certificates, Series 2005-AP2, Plaintiff,
THUNDER PROPERTIES INC., a Nevada corporation; EAGLE CANYON ASSOCIATION, a Nevada non-profit corporation; RED ROCK FINANCIAL SERVICES, LLC, a Delaware limited-liability company, Defendants.
S. Delikanakis, Esq. Nevada Bar No. 5928 Nathan G. Kanute,
Esq. Nevada Bar No. 12413 SNELL & WILMER L.L.P. Attorneys
for Plaintiff, HSBC Bank USA, National Association as Trustee
for Nomura Asset Acceptance Corporation, Mortgage
Pass-Through Certificates, Series 2005-AP2
LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. Megan H.
Hummel (with permission) Kaleb D. Anderson (NV Bar No. 7582)
Megan H. Hummel (NV Bar No. 12404) Attorneys for Eagle Canyon
& SCOW, LLC Steven B. Scow (with permission) David R.
Koch (NV Bar No. 8830) Steven B. Scow (NV Bar No. 9906) Brody
B. Wight (NV Bar No. 13615) Attorney for Red Rock Financial
P. CROTEAU & ASSOCIATES, LTD. Timothy E. Rhoda (with
permission) Roger P. Croteau (NV Bar No. 4958) Timothy E.
Rhoda (NV Bar No. 7878) Attorney for Thunder Properties Inc.
STIPULATION AND ORDER STAYING DISCOVERY PENDING
RESOLUTION OF DISPOSITIVE MOTION
WILLIAM G. COBB, UNITED STATES MAGISTRATE JUDGE
Bank USA, National Association as Trustee for Nomura Asset
Acceptance Corporation, Mortgage Pass-Through Certificates,
Series 2005-AP2 (“HSBC”), Thunder Properties Inc.
(“Thunder Properties”), Eagle Canyon Association
(the “HOA”), and Red Rock Financial Services, LLC
(“Red Rock”, collectively with HSBC, Thunder
Properties, and the HOA, the “Parties”) hereby
stipulate and agree and jointly move this Court to stay
discovery pursuant to Rule 26 of the Federal Rules of Civil
Procedure. In support of their request for a stay of
discovery, the Parties show as follows:
OF POINTS AND AUTHORITIES INTRODUCTION
Court should stay discovery in this matter pending resolution
of HSBC's Motion for Summary Judgment (the
“MSJ”) [ECF No. 31] because it raises potentially
dispositive legal questions regarding the constitutionality
of NRS § 116.3116 et seq. (the
“Statute”), which the Ninth Circuit has
previously determined is facially unconstitutional. See
Bourne Valley Court Trust v. Wells Fargo Bank, NA, 832
F.3d 1154 (9th Cir. 2016). Because this case might be
disposed of pursuant to the pending motion, discovery is not
required at this point in time- instead, any discovery would
be burdensome, inefficient, and inequitable at this stage.
Therefore, this Court should stay discovery until after a
ruling on the MSJ.
August 5, 2016, HSBC filed its complaint in this Court
against Thunder Properties, the HOA, and Red Rock seeking,
among other things, declaratory relief under the Takings and
Due Process Clauses of the U.S. Constitution and a
determination that HSBC's security interest remained on
the real property commonly known as 840 Alena Way, Sparks,
Nevada (the “Property”) despite the foreclosure
sale conducted by the HOA. Thunder Properties is the record
purchaser of the Property at the HOA foreclosure sale.
Rock filed its Answer on November 14, 2016 [ECF No. 12].
Thunder Properties filed its Answer on November 15, 2016 [ECF
No. 14]. The HOA filed its Answer on February 22, 2017 [ECF
No. 27]. HSBC filed its MSJ on December 15, 2017 [ECF No.
Standard of Review Governing Motions to Stay
courts have “wide discretion in controlling
discovery.” See Little v. City of Seattle, 863
F.2d 681, 685 (9th Cir. 1988); see also Tradebay, LLC v.
eBay, Inc., 278 F.R.D. 597, 601 (D. Nev. 2011)
(“The district court has wide discretion in controlling
discovery, and its rulings will not be overturned in the
absence of a clear abuse of discretion.”). “In
evaluating the propriety of an order staying or limiting
discovery while a dispositive motion is pending, ”
courts “consider the goal of Rule 1 of the Federal
Rules of Civil Procedure [which] directs that the ...