United States District Court, D. Nevada
ORDER RE: MOTION FOR PROTECTIVE ORDER (ECF NO.
FOLEY, JR. UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on
Plaintiff/Counter/Cross-Defendant Bank of America, N.A.'s
Motion for Protective Order (ECF No. 51), filed on February
23, 2018. Defendant/Counter/Cross-Claimant SFR Investment
Pool 1, LLC filed its Opposition (ECF No. 59) on March 9,
2018, and Plaintiff filed its Reply (ECF No. 61) on March 15,
2018. The Court determines that this motion can be resolved
without the need for oral argument and the hearing scheduled
for March 22, 2018 at 9:30 A.M. is therefore vacated.
case is one of several between Plaintiff/Counter-Defendant
Bank of America, N.A. and Defendant/Counterclaimant SFR
Investment Pool 1, LLC arising out of the SFR's purchase
of residential real property that was previously sold
pursuant to the non-judicial foreclosure of a homeowners'
association assessment lien. The issue in these cases is
whether the foreclosure sale had the legal effect of
extinguishing a senior deed of trust on the property securing
a promissory note for the purchase of the property.
SFR has noticed the deposition of Plaintiff pursuant to Rule
30(b)(6) of the Federal Rules of Civil Procedure in several
of these cases. The topics listed in the deposition notices
are identical or substantially identical. The parties have
met, conferred and reached agreement regarding the majority
of topics that will be inquired into at the depositions and
to which Plaintiff's designee must be prepared to
testify. The parties have not been able to agree on the
5. Any and all damages You allege You suffered as a result of
the Association foreclosure and/or as a consequence of any
claim You made against SFR and/or the Association.
8. All facts and circumstances surrounding Your acquisition
of Your interest in the Deed of Trust and/or underlying
promissory note, including, but not limited to:
a. the amount You paid for Your interest in the Deed of
b. Your knowledge of the MERS milestones for the Deed of
c. Your knowledge of any purchase agreement applicable to the
Deed of Trust between you and the entity from which You
purchased Your interest in the loan underlying the Deed of
d. Your knowledge of any pooling and servicing agreement
applicable to the Deed of Trust.
9. Your knowledge regarding creation, execution and recording
of the assignments of the Deed of Trust, including Your
knowledge of any power of attorney referenced or relied upon
in creation of said assignments.
Motion for Protective Order (ECF No. 51),
Bank of America, N.A. v. Lake Mead Court Homeowners'
Association, SFR Investment Pool 1, LLC, No.
2:16-cv-00504-GMN-NJK, the Plaintiff filed substantially the
same motion, SFR filed substantially the same opposition and
Plaintiff filed substantially the same reply (See
Id. ECF Nos. 70, 71 and 75). On March 14, 2018, Judge
Koppe granted Plaintiff's motion for protective order
with respect to topics 5, 8 and 9. This Court ...