United States District Court, D. Nevada
BANK OF AMERICA, N.A. Plaintiff,
PALM HILLS HOMEOWNERS ASSOCIATION, INC.; VERN ELMER; and NEVADA ASSOCIATION SERVICES, INC. Defendants. VERN ELMER, an individual, Counterclaimant,
BANK OF AMERICA, N.A., a National Association; DOE INDIVIDUALS I-X; and ROE CORPORATIONS I-X, inclusive. Counterdefendants.
Douglas D. Gerrard, Esq. Nevada Bar No. 4613
firstname.lastname@example.org Nathan R. Henderson, Esq., GERRARD,
COX & LARSEN Melanie D. Morgan, Esq. Nevada Bar No. 8215
email@example.com Scott R. Lachman, Esq. Nevada Bar
No. 12016 firstname.lastname@example.org AKERMAN LLP, Attorneys
for Plaintiff / Counterdefendant BANK OF AMERICA, N.A.
[PROPOSED] STIPULATION AND ORDER TO EXTEND DISCOVERY
DEADLINES [THIRD REQUEST]
to Local Rules IA 6-1 and 26-4, Plaintiff/Counterdefendant
BANK OF AMERICA, N.A. (“BANA”), by and through
its attorneys Gerrard Cox Larsen; Defendant PALM HILLS
HOMEOWNERS ASSOCIATION, INC., (“Palm Hills HOA”)
by and through its attorneys Boyack Orme & Anthony;
Defendant NEVADA ASSOCIATION SERVICES, INC.
(“NAS”), by and thorough its attorney, Brandon E.
Wood, Esq.; and Defendant/Counterclaimant VERN ELMER
(“Elmer”), by and through his attorneys, Ayon Law
PLLC (collectively, the “Parties”); hereby
stipulate and agree, subject to approval by the Court, to
extend the discovery deadline set out in the Stipulation and
Order to Extend Discovery Deadlines [Second Request] dated
February 9, 2018 [ECF No. 55], as further set forth herein.
AND RELEVANT PROCEDURAL HISTORY
March 18, 2016, BANA filed its Complaint in this case. [ECF
April 7, 2016, Palm Hills HOA filed its Answer. [ECF No. 9].
April 25, 2016, NAS filed its Answer. [ECF No. 14].
April 22, 2016, BANA served its Initial Disclosures of
Witness and Documents pursuant to Fed.R.Civ.P. 26(A)(1).
17, the Parties submitted their proposed Joint Discovery Plan
and Scheduling Order, and on May 18, 2016, the Court entered
its Order approving the same. [ECF No. 23].
20, 2016, Elmer filed his Answer and a Counterclaim against
BANA. [ECF No. 31].
27, 2016, BANA filed its Answer to the Counterclaim. [ECF No.
August 19, 2016, the Court, sua sponte, entered its
Order Temporarily Staying the Case, pending the Ninth Circuit
issuing a mandate in Bourne Valley Court Tr. v. Wells
Fargo Bank, NA (the "Stay Order") [ECF No.
December 14, 2016, the Ninth Circuit issued its mandate in
Bourne Valley. And on June 26, 2017, the United
States Supreme Court denied the Bourne Valley
petition to the United States Supreme Court for a writ of
27, 2017, BANA filed its Motion to Lift Stay, based on the
Bourne Valley appellate court rulings. [ECF No. 44].
September 6, 2017, this Court entered its Order Granting
Motion to Lift Stay. [ECF No. 46] (the “Order Lifting
Stay”). The Court's Order Lifting Stay provides
that the “[t]he stay in this case is lifted for all
October 16, 2017, the Court entered a Stipulation and Order
to Extend Discovery Deadlines [First Request] [ECF No. 48] to
reopen discovery following the Order Lifting Stay and set a
new date for the close of discovery of April 9, 2018. The
parties have been diligently engaged in discovery and nearly
all discovery has been completed. BANA has requested an
extension of discovery to allow for the answering of
Elmer's discovery requests and to allow Elmer any