Filed: Jun. 19, 2018
Latest Update: Jun. 19, 2018
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE (FIRST REQUEST) CAM FERENBACH , Magistrate Judge . Pursuant to Local Rules 6-1 and 7-1, Plaintiffs, Wells Fargo, N.A. and Federal National Mortgage Association (hereinafter "Wells" "Fannie Mae" or "Plaintiffs") and Defendant, Chestnut Bluffs Avenue Trust ("Trust" or "Defendant") by and through their respective attorneys of record, file this joint stipulation and request the court to extend the close of disc
Summary: STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE (FIRST REQUEST) CAM FERENBACH , Magistrate Judge . Pursuant to Local Rules 6-1 and 7-1, Plaintiffs, Wells Fargo, N.A. and Federal National Mortgage Association (hereinafter "Wells" "Fannie Mae" or "Plaintiffs") and Defendant, Chestnut Bluffs Avenue Trust ("Trust" or "Defendant") by and through their respective attorneys of record, file this joint stipulation and request the court to extend the close of disco..
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STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE
(FIRST REQUEST)
CAM FERENBACH, Magistrate Judge.
Pursuant to Local Rules 6-1 and 7-1, Plaintiffs, Wells Fargo, N.A. and Federal National Mortgage Association (hereinafter "Wells" "Fannie Mae" or "Plaintiffs") and Defendant, Chestnut Bluffs Avenue Trust ("Trust" 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 sixty (60) 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, Copper Ridge Association. Plaintiff Wells Fargo, N.A. and Federal National Mortgage Association (hereinafter "Wells" "Fannie Mae" or "Plaintiffs") 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 Fannie Mae's deed of trust survived the foreclosure sale.
II. STATEMENT SPECIFYING THE DISCOVERY COMPLETED.
On September 28, 2017, the court entered a Scheduling Order ECF No. 18 and set the following deadlines:
Discovery cut-off June 15, 2018
Amend pleadings and add parties March 16, 2018
Expert disclosures March 16, 2018
Rebuttal expert disclosures April 16, 2018
Dispositive Motions July 16, 2018
Pretrial order August 15, 2018
The following discovery has already been completed:
1. Defendant Copper Ridge Community Association served its initial disclosures on October 19, 2017.
2. Wells and Fannie Mae served its initial disclosures on Defendant Chestnut Bluffs Avenue Trust on June 6, 2018,
3. Wells and Fannie Mae served its Initial Expert Disclosure on March 15, 2018
4. Wells and Fannie Mae propounded written discovery, consisting of First Set of Interrogatories, First Set of Requests for Admissions and First Request for Production of Documents, to Defendant Trust on April 11, 2018.
5. Defendant Trust responded to Wells and Fannie Mae's First Set of Requests for Admissions, First Set of Interrogatories and First Set of Requests for Production on June 14, 2018.
6. Wells and Fannie Mae conducted the deposition of Defendant Nevada Association Services, Inc's designated 30(b)(6) witness on June 12, 2018.
7. Wells and Fannie Mae conducted the deposition of Defendant Copper Ridge Community Association's designated 30(b)(6) witness on June 13, 2018.
8. Wells and Fannie Mae conducted the deposition of Defendant Trust's designated 30(b)(6) witness on June 14, 2018.
9. Wells and Fannie Mae served its First Supplemental Disclosures on June 15, 2018.
III. SPECIFIC DESCRIPTION OF THE DISCOVERY THAT HAS NOT BEEN COMPLETED.
The following discovery has not been completed:
1. Defendant Trust has not served its initial disclosures.
2. Defendant Trust has not propounded written discovery on Wells and Fannie regarding pool and CUSIP information concerning the note and deed of trust in question as a result of Plaintiffs Initial disclosures.
IV. REASON WHY EXTENSION IS REQUIRED.
Chestnut Bluffs Avenue Trust has reviewed the disclosures made by Wells Fargo Bank and Federal National Mortgage Association, and they do not contain information which Wells Fargo Bank and Federal National Mortgage Association has disclosed in similar HOA foreclosure cases concerning whether the note secured by the deed of trust here was transferred to a pool of mortgage backed securities.
In addition, Chestnut Bluffs Avenue Trust believes that some internal records showing pool and CUSIP information concerning the note and deed of trust in question may exist, but was not included in the information provided by Wells and Fannie Mae. Therefore Chestnut Bluffs Avenue Trust desires 60 days to propound discovery on the omitted pool and CUSIP information.
V. PROPOSED SCHEDULE FOR COMPLETING ALL REMAINING DISCOVERY.
The parties agree that discovery will be extended sixty (60) days, and the scheduling order deadlines will be extended to the following:
Discovery cut-off August 14, 2018
Amend pleadings and add parties N/A
Expert disclosures N/A
Rebuttal expert disclosures N/A
Dispositive Motions September 14, 2018
Pretrial Order October 15, 2018
If dispositive motions are filed, the deadline for filing the joint
IT IS SO STIPULATED. pretrial order will be suspended until 30 days after
decision on the dispositive motions or further court order.
ORDER
IT IS SO ORDERED.
IT IS HEREBY ORDERED that the Motion for Sixty Day Extension of Time to Complete Discovery (ECF No. 33) is DENIED as MOOT.
