Opinion
2:20-cv-00858-CDS-BNW
02-17-2023
MAURICIO JASSO, individually and in his capacity as the Court-Appointed Receiver of JAMA INVESTMENT GROUP, INC., GUILLERMO SESMA, SYLVIA MARTINEZ SALINAS, BELISARIO JASSO BALDINI, JAVIER RAMIREZ LARES, ANTONIO BACHALANI, RODRIGO FERNANDEZ, JUAN ROMERO, and BERNARDO VILLACECIAS, Plaintiffs, v. WELLS FARGO BANK, N.A., KATHERINE DARRALL, and JOSE RICO, Defendants.
Jeffrey Willis Erica J. Stutman Gregory Marshall (Admitted Pro Hac Vice) Hayley J. Cummings Jacob C. Jones (Admitted Pro Hac Vice) SNELL & WILMER L.L.P. Attorneys for Defendants Wells Fargo Bank, N.A., Katherine Darrall Mark J. Connot Rex D. Garner FOX ROTHSCHILD LLP One Summerlin Attorneys for Defendant Jose Rico Anthony P. Sgro Colleen N. Savage SGRO & ROGER Courtney Caprio Jeffrey W. Gutchess Joanna Niworoski AXS LAW GROUP, PLLC Attorneys for Plaintiffs
Jeffrey Willis
Erica J. Stutman
Gregory Marshall (Admitted Pro Hac Vice)
Hayley J. Cummings
Jacob C. Jones (Admitted Pro Hac Vice) SNELL & WILMER L.L.P.
Attorneys for Defendants Wells Fargo Bank, N.A., Katherine Darrall
Mark J. Connot
Rex D. Garner
FOX ROTHSCHILD LLP
One Summerlin
Attorneys for Defendant Jose Rico
Anthony P. Sgro
Colleen N. Savage
SGRO & ROGER
Courtney Caprio
Jeffrey W. Gutchess
Joanna Niworoski
AXS LAW GROUP, PLLC
Attorneys for Plaintiffs
WELLS FARGO BANK, N.A. AND KATHERINE DARRALL'S MOTION FOR ORDER SHORTENING TIME ON DEFENDANTS WELLS FARGO BANK, N.A. AND KATHERINE DARRALL'S MOTION TO EXTEND REMAINING DEADLINES IN CASE MANAGEMENT PLAN
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
Pursuant to Federal Rules of Civil Procedure 7(b) and Local Rule IA 6-1 for the District of Nevada, Defendants Wells Fargo Bank, N.A. and Katherine Darrall (together, ‘Defendants”) respectfully request an Order Shortening Time to hear their Motion to Extend Remaining Deadlines in Case Management Plan, filed today at ECF No. 336 (“Motion”). This Request is based upon the pleadings and papers on file herein, the Declaration of Erica Stutman attached as Exhibit 1, and the points and authorities submitted herewith.
MEMORANDUM OF POINTS AND AUTHORITIES
In their Motion, Defendants respectfully request that the Court extend the March 10, 2023 deadline for Defendants to serve their expert disclosures and reports, along with the remaining expert and dispositive motion deadlines that follow. As discussed in more detail in the Motion, Defendants request an extension of this deadline because Defendants and their experts cannot reasonably meet the March 10 deadline despite their diligence. This is because Plaintiffs disclosed two expert reports, one of which is a massive, 1,150 page expert report, which includes 433 pages of text with opinions, and 717 pages of exhibits, nearly all of which were created by Plaintiffs' experts. In addition, Plaintiffs recently made supplemental document productions to Defendants, despite such productions being very long overdue, and have further warned of another document production to come. Defendants did not and could not have reasonably anticipated such a massive production of expert opinion evidence and documents when agreeing to the original expert disclosure schedule, which provided a mere forty (40) days for Defendants to provide responsive expert opinions.
An order shortening time to decide Defendants' Motion is necessary because if filed in the normal course, Plaintiffs' deadline to respond to the Motion will not be until March 2, 2023, with Defendants' reply due on March 9, 2023, leaving no time for the Court to consider the briefing and enter a ruling within a meaningful period before the March 10, 2023 deadline.
Defendants' Motion is reasonable and would typically be agreed upon by stipulation between the parties without any dispute and without involving the Court. The other defendant, Jose Rico, does not plan to oppose Defendants' Motion. However, Plaintiffs have stated they will contest Defendants' Motion.
Accordingly, Defendants seek an order from the Court shortening the briefing period on the Motion. Wells Fargo proposes a response period of three business days and a reply period of two business days.
ORDER
IT IS ORDERED that ECF No. 337 is GRANTED. Plaintiffs' response to ECF No. 336 is due by 2/21/2023. No reply will be considered.
IT IS SO ORDERED.
INDEX OF EXHIBITS TO WELLS FARGO BANK, N.A. AND KATHERINE DARRALL'S MOTION FOR ORDER SHORTENING TIME ON DEFENDANTS WELLS FARGO BANK, N.A. AND KATHERINE DARRALL'S MOTION TO EXTEND REMAINING DEADLINES IN CASE MANAGEMENT PLAN
EXHIBIT
DESCRIPTION
NO. OF PAGES
1
Declaration of Erica Stutman, Esq. in Support of Wells Fargo 2 Bank, N.A. and Katherine Darrall's Motion for Order Shortening Time On Defendants Wells Fargo Bank, N.A. and Katherine Darrall's Motion to Extend Remaining Deadlines in Case Management Plan
2