Filed: Feb. 12, 2018
Latest Update: Feb. 12, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE (FIRST REQUEST) CARL W. HOFFMAN , Magistrate Judge . Pursuant to Local Rules 6-1 and 7-1, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (hereinafter "U.S. Bank" or "Plaintiff") and Defendant, LN Management, LLC Series 4004 Cape Sand ("LN Management" or "Defendant") by and through their respective attorneys of record, file this joint stipulation and request the court to ext
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE (FIRST REQUEST) CARL W. HOFFMAN , Magistrate Judge . Pursuant to Local Rules 6-1 and 7-1, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (hereinafter "U.S. Bank" or "Plaintiff") and Defendant, LN Management, LLC Series 4004 Cape Sand ("LN Management" or "Defendant") by and through their respective attorneys of record, file this joint stipulation and request the court to exte..
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STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE
(FIRST REQUEST)
CARL W. HOFFMAN, Magistrate Judge.
Pursuant to Local Rules 6-1 and 7-1, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (hereinafter "U.S. Bank" or "Plaintiff") and Defendant, LN Management, LLC Series 4004 Cape Sand ("LN Management" or "Defendant") by and through their respective attorneys of record, file this joint stipulation and request the court to extend the close of discovery by one hundred twenty (120) days and to extend the dispositive motion deadlines and joint pretrial order deadlines accordingly. This is the parties' first request for an extension of all the current discovery deadlines.
I. INTRODUCTION
This dispute involves an HOA foreclosure sale conducted by Defendant Las Hadas Homeowners' Association. Plaintiff U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust ("U.S. Bank") seeks to quiet title as to the foreclosed property and seeks other related relief pertaining to the sale of the property. The primary issue is whether U.S. Bank's deed of trust survived the foreclosure sale.
II. STATEMENT SPECIFYING THE DISCOVERY COMPLETED.
On September 6, 2017, the court entered a Scheduling Order ECF No. 18 and set the following deadlines:
Discovery cut-off February 12, 2018
Amend pleadings and add parties November 15, 2017
Expert disclosures December 14, 2017
Rebuttal expert disclosures January 15, 2018
Dispositive Motions March 14, 2018
Pretrial order April 13, 2018
On December 15, 2017, the court approved the parties Stipulation to Extend the deadline for amending pleadings and add parties, and set the new deadline as January 14, 2018.
The following discovery has already been completed:
1. U.S. Bank served its initial disclosures on Defendant LN Management, LLC Series 4004 Cape Sand on September 1, 2017,
2. U.S. Bank served its Initial Expert Disclosure on November 2, 2017
3. U.S. Bank propounded written discovery, consisting of First Set of Interrogatories, First Set of Requests for Admissions and First Request for Production of Documents, to Defendant LN Management, LLC Series 4004 Cape Sand on December 11, 2017.
4. Defendant LN Management, LLC Series 4004 Cape Sand responded to U.S. Bank's First Set of Requests for Admissions on December 7, 2017.
5. Defendant LN Management, LLC Series 4004 Cape Sand responded to U.S. Bank's First Set of Interrogatories and First Set of Requests for Production on January 22, 2018.
6. U.S. Bank served its First Supplemental Disclosures on February 7, 2018.
III. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN COMPLETED.
The following discovery has not been completed:
1. Defendant LN Management, LLC Series 4004 Cape Sand has not served its initial disclosures.
2. Defendant LN Management, LLC Series 4004 Cape Sand has not propounded written discovery on U.S. Bank.
3. No depositions of any of the parties' 30(b)(6) witnesses or any the deposition of any other witness have been conducted, other than the deposition of LN Management, LLC Series 4004 Cape Sand's designated 30(b)(6) witness. U.S. Bank did Subpoena the HOA, Las Hadas Homeowners' Association for deposition to be held February 8, 2018 at 2:00 p.m. However their forthcoming counsel requested that the deposition be vacated until she is officially retained and makes an appearance. Further, U.S. Bank subpoenaed the HOA Trustee, Alessi & Koenig, LLC for deposition to be held on February 9, 2018 at 2:00 p.m., but the deponent did not appear. Accordingly, this deposition also needs to be rescheduled.
IV. REASON WHY EXTENSION IS REQUIRED.
Discovery closes on February 12, 2018. However, with the addition of Las Hadas Homeowners' Association via the First Amended Complaint filed on January 31, 2018, this new party has not had an opportunity to conduct any discovery, including initial disclosures, take depositions or written discovery and has not yet even made an appearance in this matter.
In addition, the other parties have not had an opportunity to conduct any discovery as it pertains to HOA, as a new party in this case. The extension requested will also provide the parties additional time to conduct any follow-up discovery that may be required after reviewing HOA's initial disclosures, or after HOA reviews the discovery already conducted by the other parties. As new incoming parties to this litigation, there is good cause to extend the discovery deadlines so that they may have an opportunity to conduct meaningful discovery.
V. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY.
The parties agree that discovery will be extended one hundred twenty (120) days, and the scheduling order deadlines will be extended to the following:
Discovery cut-off June 12, 2018
Amend pleadings and add parties April 13, 2018
Expert disclosures April 13, 2018
Rebuttal expert disclosures May 14, 2018
Dispositive Motions July 12, 2018
Pretrial Order August 10, 2018
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
