Opinion
2:22-CV-00287-JAD-DJA
12-09-2022
BFP INVESTMENTS 4, LLC, Plaintiff, v. NATIONSTAR MORTGAGE LLC, d/b/a MR COOPER; QUALITY LOAN SERVICE CORPORATION; DOES 1-10; ROE ENTITIES 1-10, Defendants.
CHANTEL M. SCHIMMING, ESQ. HANKS LAW GROUP TROUTMAN PEPPER HAMILTON SANDERS, LLP KAREN L. HANKS, ESQ. Brody R. Wight, Esq.
CHANTEL M. SCHIMMING, ESQ.
HANKS LAW GROUP
TROUTMAN PEPPER HAMILTON SANDERS, LLP
KAREN L. HANKS, ESQ.
Brody R. Wight, Esq.
STIPULATION AND ORDER TO EXTEND EXPERT DISCLOSURE DEADLINE
(First Request)
DANIEL J. ALBREGTS, UNITED STATES MAGISTRATE JUDGE
The parties, by and through their undersigned counsel, stipulate and agree as follows:
A. A statement specifying the discovery completed by the parties as of the date of the motion or stipulation
SFR and Nationstar have exchanged initial disclosures and supplements.
SFR issued written discovery to Quality Loan Service Corporation. Quality responded.
SFR issued written discovery to Nationstar. Nationstar responded.
B. A specific description of the discovery that remains to be completed
Nationstar and/or Quality issue written discovery
SFR's deposition
Nationstar's deposition
Quality's deposition
Disclosure of expert witnesses
On March 1, 2022, Quality filed a notice of non-monetary status. See ECF No. 8. On March 9, 2022, SFR filed an objection. See ECF No. 9. To date, the court has not ruled on the issue.
C. The reasons why the remaining discovery was not completed within the time limit of the existing discovery deadline
On August 29, 2022, SFR issued written discovery to Quality and Nationstar. However, on October 3, 2022, Nationstar's counsel realized his office was not aware of the discovery; it only came to his attention after BFP's counsel requested a copy be emailed. As a result, BFP granted Nationstar a 30-day extension to respond to the written discovery. Thereafter, Nationstar requested additional time to respond to written discovery, and BFP granted Nationstar two weeks, but Nationstar did not provide its responses until November 18 and November 23. BFP was waiting on this first phase of discovery before moving on to expert discovery.
D. Excusable Neglect why request was not made 21-days before deadline.
BFP did not receive Nationstar's written discovery responses until November 18 and November 23. At the 21-day mark, (November 9, 2022) BFP was not aware Nationstar would not be responding until November 18 and 23. Even with the additional two-week extension, the deadline was November 17.
D. A proposed schedule for the completion of all remaining discovery
Current Deadline Proposed Deadline
Discovery Cut-Off: February 28, 2023 No change
Amending/Adding Parties: September 12, 2022 No change
Initial Experts: November 30, 2022 December 14, 2022
Rebuttal Experts: December 30, 2022 January 17, 2022
Dispositive Motions: March 28, 2023 No change
Pre-Trial Order: February 13, 2023 No Change
ORDER
Having reviewed the parties' Stipulation, the Court finds that the pretrial order deadline is incorrect. The deadline for filing the joint pretrial order is 30 days after the disositive-motion deadline. Accordingly, the stipulation is granted in part and denied in part. The deadline within which to file the pretrial order is April 27, 2023. If dispositive motions are filed, the deadline for filing the joint pretrial order will be suspended until 30 days after decision on the dispositive motions or further court order. IT IS SO ORDERED.