Filed: Jun. 30, 2015
Latest Update: Jun. 30, 2015
Summary: STIPULATION PERMITTING DEPOSITION OF NEVADA ASSOCIATION SERVICES, INC. AND EXTENDING DISPOSITIVE MOTIONS DEADLINE AND PRETRIAL ORDER DEADLINE (FIRST REQUEST) PEGGY A. LEEN , Magistrate Judge . Pursuant to Fed. R. Civ. P. 16 & 29 and LR 6-1, 6-2, 7-1, & 26-4, plaintiff Chris D. Park, on behalf of and as Power of Attorney for Joshua Ray ("Plaintiff") and defendant U.S. Bank, successor trustee to Bank of America, N.A., as successor trustee to LaSalle Bank, N.A., as trustee for The Holders of t
Summary: STIPULATION PERMITTING DEPOSITION OF NEVADA ASSOCIATION SERVICES, INC. AND EXTENDING DISPOSITIVE MOTIONS DEADLINE AND PRETRIAL ORDER DEADLINE (FIRST REQUEST) PEGGY A. LEEN , Magistrate Judge . Pursuant to Fed. R. Civ. P. 16 & 29 and LR 6-1, 6-2, 7-1, & 26-4, plaintiff Chris D. Park, on behalf of and as Power of Attorney for Joshua Ray ("Plaintiff") and defendant U.S. Bank, successor trustee to Bank of America, N.A., as successor trustee to LaSalle Bank, N.A., as trustee for The Holders of th..
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STIPULATION PERMITTING DEPOSITION OF NEVADA ASSOCIATION SERVICES, INC. AND EXTENDING DISPOSITIVE MOTIONS DEADLINE AND PRETRIAL ORDER DEADLINE (FIRST REQUEST)
PEGGY A. LEEN, Magistrate Judge.
Pursuant to Fed. R. Civ. P. 16 & 29 and LR 6-1, 6-2, 7-1, & 26-4, plaintiff Chris D. Park, on behalf of and as Power of Attorney for Joshua Ray ("Plaintiff") and defendant U.S. Bank, successor trustee to Bank of America, N.A., as successor trustee to LaSalle Bank, N.A., as trustee for The Holders of the Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 ("U.S. Bank," and together with Plaintiff, the "Parties") stipulate as follows:
1. The Court's scheduling order [Dkt. No. 30] currently imposes a discovery cutoff of June 30, 2015, a dispositive motions deadline of July 30, 2015, and a joint pretrial order deadline of August 28, 2015.
2. Nevada Association Services, Inc. ("NAS") is the foreclosure agent that conducted the underlying HOA foreclosure sale in this case.
3. U.S. Bank served a subpoena duces tecum to NAS on May 29. See Ex. A (affidavit of service); Ex. B (subpoena). The subpoena notices a deposition of NAS for June 26 at 1:00 p.m.
4. On June 17, counsel for NAS notified U.S. Bank that the two individuals NAS planned to designate as its representatives under Fed. R. Civ. P. 30(b)(6) would not be available on June 26.
5. U.S. Bank inquired if NAS' representatives were available on June 29 or June 30, but counsel for NAS responded the earliest dates they could be available were July 6 and 7.
6. To accommodate NAS, and pursuant to Fed. R. Civ. P. 29, the Parties agree that U.S. Bank may hold its deposition of NAS on July 7, 2015 at 9:00 a.m.
7. Because holding the deposition on July 7 may prevent the Parties from meeting the current dispositive motions deadline of July 30, 2015, the Parties further agree that the dispositive motions deadline should be extended to August 31, 2015 and the joint pretrial order deadline should be extended to September 30, 2015.
8. Good cause exists to allow U.S. Bank to depose NAS on July 7, 2015 and to extend the dispositive motion and pretrial order deadlines. U.S. Bank served its subpoena to NAS on May 29 but did not learn until June 17 that NAS' representatives would be unavailable for the June 26 deposition date.
9. Pursuant to LR 26-4, the Parties provide the following information:
a. Discovery completed: U.S. Bank served its first set of interrogatories and first set of requests for production to Plaintiff on May 27, 2015. Plaintiff's responses are due June 29, 2015. U.S. Bank subpoenaed documents from NAS on May 29, 2015, which NAS produced on June 12, 2015. U.S. Bank also subpoenaed documents from the Antigua Condominiums ("Antigua") on June 9, 2015, which Antigua produced on June 19, 2015.
b. Discovery that remains to be completed: U.S. Bank has noticed a deposition of Antigua for June 26, 2015 at 9:00 a.m. and a deposition of NAS for June 26, 2015 at 1:00 p.m. As noted above, Plaintiff and U.S. Bank propose moving the deposition of NAS to July 7, 2015 at 9:00 a.m.
c. Reasons why current deadlines cannot be met: Pursuant to the Court's minute order [Dkt. No. 27], the current scheduling order only allows 90 days for discovery. U.S. Bank cannot take the deposition of NAS before the discovery cutoff of June 30, 2015 because the two individuals whom NAS wishes to designate as Rule 30(b)(6) representatives are not available until July 6, 2015 or July 7, 2015.
d. Proposed schedule for completing discovery: Pursuant to Fed. R. Civ. P. 29, the Parties agree that U.S. Bank should be allowed to depose NAS on July 7, 2015 at 9:00 a.m. Since holding the deposition on July 7 may prevent Plaintiff and U.S. Bank from meeting the current dispositive motions deadline of July 30, 2015, Plaintiff and U.S. Bank further agree that the dispositive motions deadline should be extended to August 31, 2015 and the joint pretrial order deadline should be extended to September 30, 2015.
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ORDER
IT IS SO ORDERED.
