United States District Court, D. Nevada
CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, Plaintiff,
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; and ANTHEM COUNTRY CLUB COMMUNITY, ASSOCIATION, a Nevada nonprofit corporation, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counterclaimant/Crossclaimant, UNITED STATES OF AMERICA, Plaintiff,
LEON BENZER; SFR INVESTMENTS POOL 1, LLC; CAPITAL ONE, N.A., ANTHEM COUNTRY CLUB COMMUNITY ASSOCIATION; STAR INSURANCE COMPANY; AMERICAN EXPRESS BANK FSB; and REPUBLIC SILVER STATE DISPOSAL INC., Defendants. CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, Counter-Claimant/Cross-Claimant,
UNITED STATES OF AMERICA; LEON BENZER, an individual; SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; and ANTHEM COUNTRY CLUB ASSOCIATION, a Nevada corporation, . Counter-Defendant/Cross-Defendants.
RICHARD E. ZUCKERMAN PRINCIPAL DEPUTY ASSISTANT ATTORNEY, E.
CARMEN RAMIREZ VIRGINIA CRONAN LOWE ATTORNEY ATTORNEYS FOR
THE UNITED STATES OF AMERICA OF COUNSEL DAYLE ELIESON UNITED
STATES ATTORNEY ATTORNEYS FOR THE UNITED STATES OF AMERICA
JOINT MOTION TO STAY CASE DEADLINES IN LIGHT OF
POTENTIAL SETTLEMENT AND [PROPOSED] ORDER
United States of America, Capital One, N.A. (“Capital
One”), SFR Investments Pool 1, LLC (“SFR”),
and Anthem Country Club Association (“Anthem”),
collectively, “the parties” hereby request that
the Court stay the proceedings, including all current
deadlines, for thirty (30) days in light of a potential
settlement for some or all of the claims. In support of
their request, the parties submit the following:
current relevant deadlines are as follows (per ECF No. 78 at
3-4): Discovery Cutoff Date: April 27, 2018;
Initial Dispositive Motion Deadline: May 28, 2018;
and Joint Pretrial Order Deadline: June 27, 2018.
However, pursuant to LR 26-1(b)(5), if the parties file
dispositive motions the joint pretrial order will be due
within 30 days after the last decision on any dispositive
case concerns competing claims to the same piece of real
property. The parties had previously requested an extension
of the case deadlines in part to allow newly added defendants
to be served, and to facilitate discovery after the two
underlying cases were consolidated. (See ECF No.
78). The parties have been actively participating in written
discovery and document productions, and have noticed at least
four depositions amongst them.
parties have also been discussing possible resolution of some
or all of their competing claims. Such resolution may involve
one or more parties disclaiming an interest in the property,
and/or agreements between two or more of the parties as to
the priority of their respective claims or liens. The parties
believe they can reach a stipulation as to at least some of
the claims, but given that there are two consolidated cases,
four parties that have appeared to date, and various claims,
counter- and cross-claims, it will take some time to reduce
such agreements to writing and to obtain approval from all
parties and the Court.
However, given the April 27, 2018, discovery deadline, the
parties will be required to continue discovery and conduct
depositions that may ultimately prove unnecessary. Moreover,
both SFR and Capital One have noticed depositions of a
witness for the United States under Fed.R.Civ.P. 30(b)(6).
The United States has objected to the proposed topics, and
while the parties are attempting to negotiate in good faith,
they may need to engage in motions practice to resolve these
There are also three pending motions before the Court. (ECF
Nos. 49, 58, and 82). A stipulation may resolve some or all
of these disputed issues without the need for Court
parties thus propose that all case deadlines be stayed for 30
days to allow a potential stipulation to be drafted, approved
by the parties, and submitted for the Court's approval.
The parties propose that if they have not resolved all of
their claims within 30 days, they submit a report to the
Court and propose a new schedule, the dates for which would
depend on the number of issues that remain unresolved.
cause exists for the request. It is made not to hinder or
delay the proceedings, but to allow the parties to finalize a
potential stipulation. The parties have engaged in initial
discussions based on their review of the existing discovery
record, including a four-party conference call on March 9,
2018, and believe that there is a real possibility of at
least partial settlement. Focusing their energies on further
negotiations could save the parties significant time and
expense, especially with respect to depositions, and may save
the Court's resources as well.
the parties respectfully propose that all pending deadlines
be stayed for 30 days to allow the parties to discuss a
partial or complete settlement. If all claims are not
resolved within 30 days, the parties will submit a report to
the Court and propose appropriate scheduling deadlines for
any issues not resolved.
 Defendant Leon Benzer has not
appeared, and the Clerk of Court has noted his default.
(See ECF No. 56). Defendants Star Insurance Company,
American Express Bank FSB, and Republic Silver State Disposal
Inc. were named in the United States' ...