Twinrock Holdings, LLC v. CitiMortgage, Inc.

David T. Blake, Esq. (#11059) WOLFE & WYMAN LLP 2|| 6757 Spencer Street Las Vegas, NV 89119 Tel: (702) 476-0100 Fax: (702) 476-0101 [email protected] 5|| Attorneys for Defendant CITIMORTGAGE, INC. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA TWINROCK HOLDINGS, LLC, a Utah Limited CASE NO.: — 2:22-cv-00143-JAD-VCF Liability Company, Plaintiff, [PROPOSED] STIPULATION AND 13 v. ORDER TO STAY DISCOVERY PENDING DECISION ON 14|| CITIMORTGAGE, INC., a New York DISPOSITIVE MOTIONS Corporation; NATIONAL DEFAULT || SERVICING CORPORATION, a foreign corporation; BRECKENRIDGE PROPERTY || FUND 2016, LLC; DOES I through X, inclusive; and ROE ENTITIES XI through XX, Defendants.

Pursuant to Fed. R. Civ. P. 16, 26, and Local Rule 26-1, Plaintiff Twinrock Holdings, LLC (“Plaintiff”), Defendants CitiMortgage, Inc. (“CitiMortgage”), and Breckenridge Property Fund 2016, LLC (“Breckenridge”) (collectively the “Parties”), by and through their attorneys, hereby stipulate to stay discovery as discussed below: STIPULATION 1. Plaintiff filed its Amended Complaint (ECF No. 14) on March 25, 2022.

2. CitiMortgage consented to the filing of the Amended Complaint on May 2, 2022.

3. Breckenridge filed a Motion to Dismiss on May 23, 2022. Plaintiff filed a Motion for Summary Judgment on May 25, 2022. CitiMortgage filed a Motion to Dismiss on May 31, 2022.

1|| These motions are hereafter referred to as the “Dispositive Motions.”

2 4. A District Court has wide discretion in controlling discovery, including authority to issue a stay of discovery during the pendency of dispositive motions. See Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988); State v. U.S. Dep't of Homeland Sec., No. 19-CV-04975-PJH, 2020 WL 1557424, at *16 (N.D. Cal. Apr. 1, 2020).

6 5. When a litigant has filed a motion that is potentially dispositive of the case or of a 7|| particular matter in the case, it may seek a stay of the corresponding discovery. See Big City Dynasty v. FP Holdings, L.P., 336 F.R.D. 507, 512 n. 9 (D. Nev. 2020).!

9 6. The Parties believe that their various dispositive motions are likely, alone or together, || to result in all claims and defenses in this action being fully resolved or to result in significant || simplification of the claims or defenses available to the Parties.

12 7. Accordingly, the Parties hereby stipulate and agree to stay discovery until the last of || the Dispositive Motions is ruled upon by the Court.

14 8. The Parties further agree that the discovery plan and scheduling order required by this || Court in docket text of ECF No. 20 be stayed until 21 days after the last Dispositive Motion is ruled || upon by the Court.

17|| Vi || /// || /// |} /// /// |} /// |} /// 25 TT ' Tn situations where a requested stay of discovery is opposed by the non-moving party, cases in the || District of Nevada have evaluated the underlying merits of the dispositive motion. By signing this Stipulation, the Parties are not admitting that the motion of any other party has merit. Rather, the || Parties each assert that their own dispositive motions have merit and additionally assert that the Court’s ruling on all the dispositive motions is likely to eliminate claims, contentions, or defenses || that would otherwise be subject to discovery and that granting the requested stay would secure the just and inexpensive determination of this action pursuant to FRCP 1.

1 Stipulated and agreed to by: 2|| DATED: June 3, 2022 DATED: June 3, 2022.

WOLFE & WYMAN LLP WEDGEWOOD, LLC 5|| By: 4/ David T. Blake By:__/s/ Brandon Trout David T. Blake, Esq. Brandon Trout, Esq. (13411) 6757 Spencer Street WEDGEWOOD, LLC Las Vegas, NV 89119 Office of the General Counsel Attorneys for CitiMortgage, Inc. 2320 Potosi Street, Suite 130 8 Las Vegas, Nevada 89146 Attorneys for Defendant 9 Breckenridge Property Fund 2016 DATED: June 3, 2022.

13 || By:__/s/ John Henry Wright John Henry Wright, Esq.

The Wright Law Group, P.C.

16 2340 Paseo Del Prado, Suite D-305 Las Vegas, Nevada 89102 || Counsel for Plaintiff Twinrock Holdings, LLC 18 ORDER GRANTING 19 STIPULATION TO STAY DISCOVERY 20 In consideration of the parties’ stipulation and good cause showing, IT IS ORDERED || THAT discovery in this matter stayed until the Court rules on all of the Dispositive Motions || described in the above stipulation.

23 IT IS SO ORDERED. ao IT IS HEREBY ORDERED that a telephonic status we ~ a MB || hearing is scheduled for 10:00 AM, December 28, frre 2022. The call-in telephone number is (888) || 273-3658, access code: 3912597. The call must be UNITED STATES MAGISTRATE JUDGE made five minutes prior to the hearing time. The Dated 6-3-2022 || court will join the call and convene the proceedings. Recording of the proceedings is || prohibited.

1 CERTIFICATE OF ELECTRONIC SERVICE 2 On June 3, 2022, I by the following means to the persons as listed below: 3 x a. ECF System (you must attach the “Notice of Electronic 4|| Filing”, or list all persons and addresses and attach additional paper if necessary): 5 b. United States Mail, postage fully pre-paid (List persons and 6|| addresses. Attach additional paper if necessary): 8 John Henry Wright, Esq.

9 The Wright Law Group, P.C.

2340 Paseo Del Prado, Suite D-305 10 Las Vegas, Nevada 89102 Counsel for Plaintiff Twinrock Holdings, LLC Casey J. Nelson, Esq. (12259) 12 Brandon Trout, Esq. (13411) B WEDGEWOOD, LLC Office of the General Counsel 14 2320 Potosi Street, Suite 130 Las Vegas, Nevada 89146 15 Attorneys for Defendant 16 Breckenridge Property Fund 2016 19 /s/ Evelyn M. Pastor Evelyn M. Pastor 20 An employee of WOLFE & WYMAN LLP