Filed: Jan. 29, 2018
Latest Update: Jan. 29, 2018
Summary: JOINT MOTION TO EXTEND CASE DEADLINES AND PROPOSED ORDER [FIRST REQUEST] CAM FERENBACH , Magistrate Judge . Capital One, National Association ("Capital One"); SFR Investments Pool 1, LLC ("SFR"); Anthem Country Club Community Association ("Anthem"); and the United States (collectively with Capital One, SFR, and Anthem, the "Moving Parties") jointly move to extend the deadlines contained in the Court's scheduling order (ECF No. 39). In support of this request, the Moving Parties state as fo
Summary: JOINT MOTION TO EXTEND CASE DEADLINES AND PROPOSED ORDER [FIRST REQUEST] CAM FERENBACH , Magistrate Judge . Capital One, National Association ("Capital One"); SFR Investments Pool 1, LLC ("SFR"); Anthem Country Club Community Association ("Anthem"); and the United States (collectively with Capital One, SFR, and Anthem, the "Moving Parties") jointly move to extend the deadlines contained in the Court's scheduling order (ECF No. 39). In support of this request, the Moving Parties state as fol..
More
JOINT MOTION TO EXTEND CASE DEADLINES AND PROPOSED ORDER
[FIRST REQUEST]
CAM FERENBACH, Magistrate Judge.
Capital One, National Association ("Capital One"); SFR Investments Pool 1, LLC ("SFR"); Anthem Country Club Community Association ("Anthem"); and the United States (collectively with Capital One, SFR, and Anthem, the "Moving Parties") jointly move to extend the deadlines contained in the Court's scheduling order (ECF No. 39). In support of this request, the Moving Parties state as follows:
1. On August 14, 2017, the Court entered a Discovery Plan and Scheduling Order (ECF No. 39) with the following deadlines:
Rebuttal Expert Disclosure Deadline: January 22, 2018
Discovery Cutoff Date: February 5, 2018
Initial Dispositive Motion Deadline: March 7, 2018
Joint Pretrial Order Deadline: April 6, 20181
2. On November 7, 2017, the Court consolidated United States v. Benzer, No. 2:17-cv-00916 KJD-CWH, with this action. Prior to consolidation, the United States filed a motion for leave to amend the Benzer complaint to add additional potential claimants on the real property as parties, and to make minor additional changes to correct drafting ambiguities. The Court granted the motion to amend on January 16, 2018 (ECF No. 65) and the United States filed its amended complaint on January 18, 2018 (ECF No. 67). The United States is in the process of serving the three new parties.
3. To date the parties have been actively participating in discovery. The United States has served written discovery requests on Capital One, SFR, and Anthem. Capital One has served written discovery requests on the United States, SFR, and Anthem. SFR has served written discovery requests on Capital One and the United States. Anthem has served written discovery requests on Capital One. SFR has noticed Fed. R. Civ. P. 30(b)(6) depositions of the United States and Capital One. In addition, Capital One and SFR have each retained initial expert witnesses.
4. An extension of the existing deadlines is needed to allow the parties to respond to written discovery, to retain rebuttal expert witnesses, and to find mutually agreeable dates for depositions. The extension will also permit the newly added parties to respond to the United States' amended complaint and to participate in discovery.
5. Good cause exists to grant the requested extension given the parties' diligence in conducting discovery thus far, the complexity of the issues involved, the need to conduct discovery for each of the two consolidated cases, the newly added parties, the holidays of December 2017 and January 2018, and the recent government shutdown affecting counsel for the United States.
6. Accordingly, the parties request that the scheduling order be amended as follows:
Rebuttal Expert Disclosure Deadline: February 28, 2018
Discovery Cutoff Date: April 27, 2018
Initial Dispositive Motion Deadline: May 28, 2018. On or before this date, the parties shall file any dispositive motions addressing: (1) the validity of the HOA foreclosure sale, including whether SFR is the current title owner of the property; (2) whether Capital One's two deeds against the property are valid; (3) whether the United States holds valid tax assessments against Mr. Benzer, and in what amount; and (4) whether the United States holds valid tax liens against the Property. Dispositive motions addressing any other issues may not be filed until after the motions described in this paragraph are decided.
Subsequent Dispositive Motions: Once the Court has ruled on any initial dispositive motion(s), the parties will promptly confer and propose a schedule for any further dispositive motion(s), with the expectation that the deadline for further motion(s) will be no earlier than 30 days after the Court's ruling on the initial motion(s).
Joint Pretrial Order Deadline: June 27, 2018.2
