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Capital One, National Association v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

January 25, 2018

CAPITAL ONE, NATIONAL ASSOCIATION, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC and ANTHEM COUNTRY CLUB COMMUNITY ASSOCIATION, Defendants. SFR INVESTMENTS POOL 1, LLC, Counter-Claimant,
v.
CAPITAL ONE, NATIONAL ASSOCIATION; LEON BENZER; and UNITED STATES OF AMERICA; Counter-Defendants. UNITED STATES OF AMERICA, Plaintiff,
v.
CAPITAL ONE, NATIONAL ASSOCIATION, Counter-Claimant/Cross-Claimant,
v.
UNITED STATES OF AMERICA; LEON BENZER; SFR INVESTMENTS POOL 1, LLC; and ANTHEM COUNTRY CLUB COMMUNITY ASSOCIATION; Counter-Defendants/Cross- Defendants.

          Abran E. Vigil Nevada Bar No. 7548 BALLARD SPAHR LLP Matthew D. Lamb Nevada Bar No. 12991 BALLARD SPAHR LLP Attorneys for Capital One, National Association

          KIM GILBERT EBRON Diana S. Ebron Nevada Bar No. 10580 Jacqueline Gilbert Nevada Bar No. 10593 Karen L. Hanks Nevada Bar No. 9578 ATTORNEYS FOR SFR INVESTMENTS POOL 1, LLC

          LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. Julie A. Funai J. William Ebert Nevada Bar No. 2697 Julie A. Funai Nevada Bar No. 8725 ATTORNEYS FOR ANTHEM COUNTRY CLUB COMMUNITY ASSOCIATION

          DAVID A. HUBBERT Deputy Assistant Attorney General E. Carmen Ramirez Virginia Cronan Lowe Trial Attorneys, Tax Division U.S. Department of Justice ATTORNEYS FOR UNITED STATES

          JOINT MOTION TO EXTEND CASE DEADLINES AND PROPOSED ORDER [FIRST REQUEST]

         Capital One, National Association (“Capital One”); SFR Investments Pool 1, LLC (“SFR”); Anthem Country Club Community Association (“Anthem”); and the United States (collectively with Capital One, SFR, and Anthem, the “Moving Parties”) jointly move to extend the deadlines contained in the Court's scheduling order (ECF No. 39). In support of this request, the Moving Parties state as follows:

         1. On August 14, 2017, the Court entered a Discovery Plan and Scheduling Order (ECF No. 39) with the following deadlines:

Rebuttal Expert Disclosure Deadline: January 22, 2018
Discovery Cutoff Date: February 5, 2018
Initial Dispositive Motion Deadline: March 7, 2018
Joint Pretrial Order Deadline: April 6, 2018[1]

         2. On November 7, 2017, the Court consolidated United States v. Benzer, No. 2:17-cv-00916 KJD-CWH, with this action. Prior to consolidation, the United States filed a motion for leave to amend the Benzer complaint to add additional potential claimants on the real property as parties, and to make minor additional changes to correct drafting ambiguities. The Court granted the motion to amend on January 16, 2018 (ECF No. 65) and the United States filed its amended complaint on January 18, 2018 (ECF No. 67). The United States is in the process of serving the three new parties.

         3. To date the parties have been actively participating in discovery. The United States has served written discovery requests on Capital One, SFR, and Anthem. Capital One has served written discovery requests on the United States, SFR, and Anthem. SFR has served written discovery requests on Capital One and the United States. Anthem has served written discovery requests on Capital One. SFR has noticed Fed.R.Civ.P. 30(b)(6) depositions of the United States and Capital One. In addition, Capital One and SFR have each retained initial expert witnesses.

         4. An extension of the existing deadlines is needed to allow the parties to respond to written discovery, to retain rebuttal expert witnesses, and to find mutually agreeable dates for depositions. The extension will also permit the newly added parties to respond to the United States' amended complaint and to participate in discovery.

         5. Good cause exists to grant the requested extension given the parties' diligence in conducting discovery thus far, the complexity of the issues involved, the need to conduct discovery for each of the two consolidated cases, the newly added parties, the holidays of December 2017 and January ...


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