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U.S. Bank N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

February 1, 2018

U.S. BANK N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR16 TRUST, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; CANYON GATE MASTER ASSOCIATION, a Nevada non-profit corporation, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross-Claimant,
v.
U.S. BANK N.A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., SUCCESSOR TO LASALLE BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR16 TRUST; THE MIDORA TRUST FUND, DAHN MIDORA, TRUSTEE OF THE TRUST; and JPMORGAN CHASE BANK, N.A., SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK FA, Counter/Cross-Defendants.

          Ballard Spahr LLP, Sylvia O. Semper, Abran E. Vigil, Attorneys for U.S. Bank N.A., as Trustee

          Kim Gilbert Ebron, Diana S. Ebron, Esq., Jacqueline A. Gilbert, Esq., Karen L. Hanks, Esq. Attorneys for SFR Investments Pool 1, LLC

          TYSON & MENDES, LLP, Christopher Ammon Lund, Esq., Thomas E. McGrath, Esq., Attorneys for Canyon Gate Master Association

          STIPULATION AND ORDER TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER TO EXTEND DISPOSITIVE MOTIONS DEADLINE (FIRST REQUEST)

         Pursuant to Local Rule 26-4 and the Court's November 2, 2017 order (ECF No. 56), Plaintiff U.S. Bank N.A., successor trustee to Bank of America, N.A., successor to LaSalle Bank, N.A., as trustee, on behalf of the holders of the WaMu Mortgage Pass-Through Certificates, Series 2006-AR16 Trust (“U.S. Bank”), Defendant/Counterclaimant/Cross-Claimant SFR Investments Pool 1, LLC (“SFR”), and Defendant Canyon Gate Master Association (“Canyon Gate”) (collectively, the “Parties”) by and through their respective counsel of record, hereby agree and respectfully submit this stipulation as follows:

         Stipulated Amendment of Scheduling Order

         1. Statement of Discovery Completed

         Discovery closed in this matter on July 31, 2017. Due to outstanding discovery disputes between the parties, U.S. Bank filed motions to extend the discovery deadline and to compel production of documents by Canyon Gate. The Court heard these motions on November 2, 2017, and granted U.S. Bank's motion to compel. [ECF No. 56.] The Court ordered Canyon Gate to produce the requested documents within two weeks, and ordered the parties to conduct a deposition of third-party Kirby Gruchow by no later than January 2, 2018. [Id.] The Court ordered dispositive motions to be filed thirty days after the completion of the deposition of Mr. Gruchow. [Id.]

         Canyon Gate produced approximately 1000 pages of documents on December 20, 2017. U.S. Bank conducted a deposition of Kirby Gruchow on January 2, 2018. Accordingly, pursuant to the Court's November 2, 2017 order, the remaining deadlines are as follows:

(a) Dispositive Motions: August February 1, 2018.
(b) Pretrial Order: March 5, 2018 (suspended upon the filing of dispositive motions until 30 days after decision on any dispositive motions).

         Accordingly, all discovery has been completed in this matter.

         2. Discovery that Remains to be Completed

         Discovery has been completed, and the parties seek only additional time to prepare dispositive motions.

         3. The Reasons Why Remaining Discovery ...


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