United States District Court, D. Nevada
EDYTA GRYGLAK, formerly known as EDYTA A. FROMKIN, Plaintiff,
HSBC BANK USA, N.A., as trustee for WELLS FARGO HOME EQUITY ASSET-BACKED CERTIFICATES, Series 2006-3, by its Attorney-in-fact WELLS FARGO BANK, N.A.; WELLS FARGO BANK, N.A.; and WELLS FARGO ASSET SECURITIES CORPORATION, Defendants.
Sorenson, Esq., Blakeley E. Griffith, Esq. SNELL & WILMER
L.L.P. Attorneys for HSBC Bank USA, N.A., as Trustee for
Wells Fargo Home Equity Asset-Backed Certificates, Series
2006-3, by its Attorney-in-fact Wells Fargo Bank, N.A., Wells
Fargo Bank, N.A., and Wells Fargo Asset Securities
Avramski VEGAS WEST ATTORNEYS Attorney for Plaintiff
STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES
HSBC BANK USA, N.A., as trustee for WELLS FARGO HOME EQUITY
ASSET-BACKED CERTIFICATES, Series 2006-3, by its
Attorney-in-fact WELLS FARGO BANK, N.A.; WELLS FARGO BANK,
N.A. (“Wells Fargo”); AND WELLS FARGO
ASSET SECURITIES CORPORATION (collectively
“Defendants”) and Plaintiff Edyta
Gryglak (“Plaintiff” and together with
Defendants, the “Parties”) by and
through their counsel, hereby stipulate and request that this
Court extend the remaining discovery deadlines in the
above-captioned case by sixty (60) days. The current close of
discovery is May 14, 2018, and the Parties seek an extension
to July 13, 2018.
the Parties' Third Request to extend the discovery
deadlines. In support of this Stipulation, the Parties state
REASONS WHY REMAINING DISCOVERY WAS NOT
previously noted to the Court, Defendants' counsel
Blakeley E. Griffith, Esq., had taken the lead in litigating
this case on behalf of Defendants, but was on leave pursuant
to the Family Medical Leave Act (“FMLA”)
through March 25, 2018. Unfortunately, counsel that took her
place as lead, Jennifer L. McBee, Esq., had a health
diagnosis in February that required her to have multiple
out-of-town doctor appointments and required surgery. This
unexpected medical issue caused the parties to request the
second extension for discovery. Now, Ms. Griffith has
returned from FMLA leave and is getting back up to speed on
this case while Ms. McBee is now out on FMLA leave.
Previously, the parties intended to respond to all written
discovery by April 6, 2018 and have depositions take place in
April. However, due to the Parties' schedules they were
unable to schedule the depositions in April and these have
been scheduled for early May instead. A significant reason
for the delay in scheduling these depositions is Wells
Fargo's extensive witness schedule. In Nevada alone,
Wells Fargo is currently providing witnesses for hundreds of
depositions. The Parties have worked together to schedule the
depositions of Wells Fargo for May 11, 2018 and Mrs. Gryglak
for May 15, 2018. However, in an abundance of caution, the
Parties wish to extend discovery for an additional sixty (60)
days in case any third party deposition is necessary after
the depositions of Plaintiff and Wells Fargo. The Parties
acknowledge that it is not typical to have three extensions
of discovery and do not seek such an extension lightly.
Unfortunately, due to the circumstances noted above it has
been necessary in this case.
Parties have been working diligently to litigate this action,
with a dispositive motion having recently been ruled on and
written discovery propounded by all Parties. Further,
Plaintiff recently filed a Motion for Reconsideration and
Defendants' opposition is due on April 16, 2018.
Extending the close of discovery and dispositive motion
deadlines will allow additional time for counsel to take the
depositions and schedule any further depositions if
Parties do not seek an extension for any improper purpose, or
for the purpose of delay. Additionally, an extension of time
will not prejudice the Parties, as all counsel explicitly
consents to the requested extension. Finally, the Parties are
only requesting an extension of the close of discovery,
dispositive motions, and the joint pretrial order, and
request that these deadlines be extended, as detailed below.
DISCOVERY COMPLETED TO DATE
following discovery has been completed:
1. Defendants responded to Plaintiff's written discovery
on March 23, 2018.
2. Plaintiff will respond to Defendant's written
discovery on April 20, 2018.
3. The Parties have scheduled depositions of the Plaintiff
for May 15, 2018 and of Wells Fargo for May 11, 2018.
DISCOVERY THAT ...