SECOND STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO DEFENDANTS FAA TUITAMA, ADVANCED MED LLC, AND GREEN TREE SERVICES LLC'S MOTION FOR SUMMARY JUDGMENT

(Second Request)

GLORIA M. NAVARRO, Chief District Judge.

SECOND STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO DEFENDANTS FAA TUITAMA, ADVAN CED MED LLC, AND GREEN TREE SERVICES LLC'S MOTION TO FOR SUMMARY JUDGMENT (SECOND REQUEST)

Plaintiffs ALLSTATE INSURANCE COMPANY, ALL STATE PROPERTY & CASUALTY INSURANCE COMPANY and ALLSTATE INDEMNITY COMPANY, and Defendants FAA FOi TUITAMA, ADVANCED MED LLC, AND GREEN TREE SERVICES LLC, by and through their respective attorneys of record, hereby stipulate to extend the deadlines for response and reply to Defendants' Motion for Summary Judgment.

I. INTRODUCTION

On July 21, 2017, the parties filed a Stipulation and Order to Extend Time to respond to Green Tree Defendants' Motion for Summary Judgment (Dkt. # 153). The purpose of the stipulation was to account for the extra time needed to obtain financial documents that Plaintiff contends are critical to their case. Owing to the somewhat complicated nature of how and under what circumstances those documents were kept, it was necessary to involve another Defendant Obteen Nassiri in the process. The parties originally believed that these documents would have been extracted by August 8th However, Plaintiffs contend that, due to actions/circumstances of Defendant Obteen Nassiri, these critical documents have not been extracted or produced in their entirety. The parties outline this issue in the sections below.

As a result, Plaintiffs will not be in possession of these documents and information before the August 30th deadline to respond to the Motion for Summary Judgment. In an effort to coordinate in good faith and allow for the complete production of these documents, the parties hereby enter into a subsequent extension for the response to the Motion for Summary Judgment.

II. REASON FOR STIPULATION AND AGREEMENT

The underlying reason for the original stipulation to extend the response time is outlined in the parties' Stipulation and Order (Dkt. # 153), and still apply. However, Plaintiffs believe that recent developments have pushed back the production of those documents and delayed all parties' ability to move forward with the information contended to be contained therein. Plaintiffs maintain1 that since the original stipulation, the following developments have taken place:

On August 11, 2017, Plaintiffs' counsel arrived at the offices of Defendant Nassiri's counsel to oversee the extraction of the documents and information from Nassiri's MacBook laptop and external hard drive. At the outset, Plaintiffs' counsel was informed that the original MacBook was not available, and that a "replacement" laptop had been produced which supposedly contained all the final materials. No external hard drive was produced. The extraction of the documents on the "replacement" laptop took through August 14th to complete.2 However, after a scanning of the laptop, it was learned that no documents identifying Green Tree Services, LLC could be located anywhere on the laptop. Moreover, documents from the accounting program that Obteen Nassiri used to creating the financial documents for the Green Tree Defendants were also missing.

Counsel for Nassiri did not have any information as to why these documents were not on the laptop or why the external hard drive was not provided. Counsel likewise could not answer question as to whetqer this missing information was still available. It should be pointed out that Green Tree Defendants were not present at this meeting, and that the laptop and hard drive in question were in the direct possession of Obteen Nassiri at all times relevant leading up to August 11th.

Certain documents were able to be extracted from the laptop and those have been provided on Green Tree Defendants' counsel on August 23th by a third-party document production company3. Per the agreement set forth in the original stipulation, Green Tree Defendants have 21 days from that date to review the documents provided them and determine any privilege objections. This review has not yet been completed.

Plaintiffs are working with counsel for Nassiri to determine what happened to the missing documents and information to determine whether it is still available and/or when they can be produced. This includes determining what exactly happened to the original MacBook laptop and external hard drive. At this point in time, the parties are operating under the belief that the accounting documents might be located on a cloud-based storage system that would allow them to be recovered and produced. Counsel for Nassiri is looking into this matter currently. Plaintiffs have requested that Nassiri provide this information/documents as well as the original laptop by August 25th4.

Once those documents/information is provided to Green Tree Defendants, they will need 21 days to review. Based on the amount of time it will take to process, extract and prepare and produce those documents to Green Tree Defendants from the original extraction, we anticipate that any documents/information disclosed on August 25th will not be available to Green Tree Defendants for their review until September 1, 2017. This means that at the latest, Green Tree Defendants would have until September 22, 2017 to complete their review. Plaintiffs will need two-weeks from that date to prepare their opposition, which would place the response due date to October 13, 2017.5

III. STIPULATION

The parties hereby stipulate and agree as follows:

IT IS SO STIPULATED.

IT IS SO ORDERED.