Filed: Jan. 04, 2018
Latest Update: Jan. 04, 2018
Summary: STIPULATION TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER (SECOND REQUEST) PEGGY A. LEEN , Magistrate Judge . Plaintiff U.S. Bank N. A., as Trustee f/b/o Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2006-3 ("Trustee"); Defendant Capitol Reef Revocable Trust ("Capitol Reef"); and Defendant Falls at Hidden Canyon Homeowners Association, Inc. (the "Association") (collectively, the "Parties") hereby submit this St
Summary: STIPULATION TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER (SECOND REQUEST) PEGGY A. LEEN , Magistrate Judge . Plaintiff U.S. Bank N. A., as Trustee f/b/o Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2006-3 ("Trustee"); Defendant Capitol Reef Revocable Trust ("Capitol Reef"); and Defendant Falls at Hidden Canyon Homeowners Association, Inc. (the "Association") (collectively, the "Parties") hereby submit this Sti..
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STIPULATION TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER
(SECOND REQUEST)
PEGGY A. LEEN, Magistrate Judge.
Plaintiff U.S. Bank N. A., as Trustee f/b/o Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2006-3 ("Trustee"); Defendant Capitol Reef Revocable Trust ("Capitol Reef"); and Defendant Falls at Hidden Canyon Homeowners Association, Inc. (the "Association") (collectively, the "Parties") hereby submit this Stipulation to Amend Discovery Plan and Scheduling Order pursuant to LR IA6-1 and LR 26-4.
MEMORANDUM OF POINTS AND AUTHORITIES
I. STATEMENTOFFACTS
Trustee commenced this litigation on December 2, 2016. (ECF No. 1). On December 19, 2016, Trustee filed Proof of Compliance with Federal Rule of Civil Procedure 5.1(a) giving notice of constitutional question to the Nevada Attorney General. (ECF No. 4). On April 5, 2017, the Association filed its answer to Trustee's complaint. (ECF No. 10). On April 14, 2017, Capitol Reef filed a motion to dismiss Trustee's complaint. (ECF No. 14). The Court has not yet ruled on this motion.
On May 22, 2017, the Parties filed a Stipulated Discovery Plan and Scheduling Order. (ECF No. 18). On May 31, 2017, the Court granted the Stipulated Discovery Plan and Scheduling Order (the "Scheduling Order"). (ECF No. 19). On October 9, 2017, the Parties filed a Stipulation to Amend Discovery Plan and Scheduling Order (First Request). (ECF No. 25). On October 18, 2017, the Court granted the Stipulation to Amend Discovery Plan and Scheduling Order (First Request). (ECF No. 27).
The Parties have been prosecuting this matter without intentional delays. However, the Parties agree that a short extension of the dispositive motion and joint pretrial order deadlines is necessary and warranted. In light of the intervening holidays, an extension is necessary to permit better access to and communication with the respective parties regarding dispositive motions and to further settlement discussions. More importantly, an extension will allow all parties to discuss settlement options prior to undertaking the expense of briefing dispositive motions.
II. LOCAL RULE 26-4 REQUIREMENTS
A. Discovery Completed
Trustee has completed the following:
i. Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
ii. Service of its Request for Admissions, Requests for Production of Documents, and Interrogatories to the Association;
iii. Service of its Request for Admissions, Requests for Production of Documents and Interrogatories to Capitol Reef;
iv. Service of Subpoena Duces Tecum on Hampton & Hampton Collections, LLC, collections agent for the Association;
v. Responded to the Association's Request for Admissions, Requests for Production of Documents, and Interrogatories; and
vi. Taking depositions of Capitol Reef, the Association, and Hampton & Hampton.
The Association has completed the following:
i. Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
ii. Service of its Request for Admissions, Requests for Production of Documents, and Interrogatories to Trustee; and
iii. Responded to Trustee's Request for Admissions, Requests for Production of Documents, and Interrogatories.
Capitol Reef has completed the following:
i. Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1); and
ii. Responded to the Association's Request for Admissions, Requests for Production of Documents, and Interrogatories.
B. Discovery to be Completed
None. All discovery is complete.
C. Good Cause Exists for Extending Discovery Plan Deadlines
Since the Court issued its Scheduling Order, the Parties have fully briefed Capitol Reef's Motion to Dismiss the Complaint. The parties also have completed discovery. The Parties agree that a short extension of the dispositive motion and joint pretrial order deadlines is necessary and warranted. An extension will allow all parties time to discuss settlement options prior to briefing dispositive motions. Productive settlement discussions are more likely to result in a favorable outcome at this time because all parties have the benefit of completed discovery. Thus, it is beneficial, necessary, and most efficient to extend the dispositive motions deadline so that the Parties can best assess settlement possibilities.
In addition, in light of the intervening holidays, access to client decisionmakers and client information is somewhat hindered. An extension of the dispositive motion and pre-trial order deadline will allow the parties to better communicate with their respective clients to further settlement discussions and more efficiently brief dispositive motions.
D. Proposed Schedule
By this Stipulation, the Parties seek to amend the schedule as set forth on page 2 of the Order to extend the dispositive motions and joint proposed trial order deadlines by twenty-one (21) days:
1. Dispositive motion deadline: January 23, 2018; and
2. Joint proposed pretrial order: February 22, 2018.
III. CONCLUSION
For the above-stated reasons, the Parties respectfully request that this Court enter an Order approving this Stipulation to Amend the Discovery Plan and Scheduling Order (Second Request) using the new deadlines noted above.
ORDER
IT IS SO ORDERED.
