Complot v. Rushmore Servicing LLC

1 SEAN B. KIRBY, ESQ.

Nevada Bar No. 14224 TROUTMAN PEPPER HAMILTON SANDERS LLP 8985 S. Eastern Ave., Ste. 200 Las Vegas, NV 89123 (Nevada Office) Fax: (404) 962-6800 Tele: (470) 832-6017 [email protected] Attorneys for Defendant Nationstar Mortgage LLC dba Mr. Cooper (erroneously sued as Rushmore Servicing LLC doing business for Nationstar Mortgage LLC) UNITED STATES DISTRICT COURT DISTRICT OF NEVADA OLIVER COMPLOT, Case No.: 2:24-CV-01918-JCM-BNW Plaintiff, 14 DISCOVERY PLAN AND vs. SCHEDULING ORDER RUSHMORE SERVICING LLC DOING BUSINESS FOR NATIONSTAR MORTGAGE LLC, Judge: Hon. Judge James C. Mahan 17 Defendant. Magistrate: Hon. Judge Brenda Weksler Complaint Filed: September 23, 2024 Trial Date: NoneSet 21 Plaintiff Oliver Complot (“Plaintiff”) and Defendant Nationstar Mortgage LLC dba Mr. Cooper(erroneously sued as Rushmore Servicing LLC doing business for Nationstar Mortgage LLC) (“Defendant”) (collectively, the Parties”), hereby submit their Joint Proposed Discovery Plan and Scheduling Order pursuant to Federal Rule of Civil Procedure 16 and 26, as well as LR II 26-1. It is hereby requested that the Court enter the following Discovery Plan and Scheduling Order.

26 Pursuant to Fed. R. Civ. P. 26(f) and LR 26-1(a), a telephonic meeting was held on December 19, 2024.

28 /// I. WhethertheParties have exchanged initial disclosurestatements underRule26(a) 2 The Parties have not exchanged Initial Disclosures. The Parties have agreed to exchange Initial Disclosures no later than January 2, 2025, fourteen (14) days after the Fed. R. Civ. P. 26(f) Conference.

5 II. Discovery Cut-OffDate 6 Discovery will take 150 days, measured from the date of the scheduling conference which was on 12/19/2024. The Discovery Cut-Offdate,therefore, will be June1, 2025.

8 TheParties have proposed dates that conform with Local Rule26.1(b).

9 III. Amending thePleadings and Adding Parties 10 PursuanttoLR26-1(b)(2),thedeadlineforfilingMotionstoAmendthePleadingsorMotions toAddPartiesis90daysbeforethecloseofdiscovery,thereforethedeadlinewillbeMarch3,2025.

12 IV. Fed. R. Civ. P. 26(a)(2) Disclosures (Experts) 13 Pursuant to LR 26-1(b)(3), unless the Discovery Plan otherwise provides and the court so orders, the deadlines in Fed. R. Civ. P. 26(a)(2)(D) for Expert Disclosures are modified to require that the disclosures be made 60 days before the Discovery Cut-Off date and that Rebuttal-Expert Disclosures bemade30 days aftertheinitial disclosureofexperts.

17 Expert Disclosures deadlinewill be April 2, 2025.

18 Rebuttal Expert Disclosures deadline will beMay 2, 2025.

19 V. DispositiveMotions 20 Pursuant to LR 26-1(b)(4), unless the Discovery Plan otherwise provides and the court so orders, thedeadlinefor filing DispositiveMotionsis30 days afterthe Discovery Cut-Offdate.

22 Therefore,the deadline forfiling DispositiveMotions isJuly 1, 2025.

23 VI. Pretrial Order 24 Pursuant to LR 26-1(b)(5), unless the Discovery Plan otherwise provides and the court so orders, the deadline for the Joint Pretrial Order is 30 days after the deadline for filing Dispositive Motions.

27 If no Dispositive Motions are filed, the deadline for the Joint Pretrial Order, Fed. R. Civ. P. 1 If Dispositive Motions are filed, the deadline for filing the Joint Pretrial Order, Fed. R. Civ. 2 P. 26(a)(3) Disclosures, and any Objections to them will be suspended until 30 days after decision on theDispositiveMotions or further court order.

4 VII. Fed. R. Civ. P. 26(a)(3) Disclosures 5 In accordance with LR 26-1(b)(6), the Disclosures required by Fed. R. Civ. P. 26(a)(3) and any Objections to them must beincluded in theJoint Pretrial Order.

7 If Dispositive Motions are filed, the deadline for filing the Joint Pretrial Order, Fed. R. Civ. P. 26(a)(3) Disclosures, and any Objections to them will be suspended until 30 days after decision on theDispositiveMotions or further court order.

10 VIII. AlternativeDisputeResolution 11 The Parties certify that they met and conferred about the possibility of using alternative dispute-resolution processes including mediation, arbitration, and if applicable, early neutral evaluation, but havenot cometo any agreement at this time.

14 The assistance of a Magistrate Judge in facilitating a settlement conference after the Parties engage in initial discovery may be useful. The parties believe early neutral evaluation would be beneficial.

17 IX. AlternativeForms of Case Disposition 18 ThePartiesfurthercertifythattheyconsidered consenttoTrialbyaUnitedStatesMagistrate Judgeunder28U.S.C.§636(c)andFed.R.Civ.P.73andtheuseoftheShortTrialProgram(General Order2013-01).

21 TheParties do not consent to trial by aUnitedStates Magistrate.

22 TheParties do not consent to the useoftheShort Trial Program (General Order2013-01).

23 X. Electronically Stored Information (“ESI”)andElectronicEvidence 24 The Parties certify that they intend to present evidence in electronic format to jurors for the purposes of jury deliberations. The Parties will consult the Court’s website or contact the assigned judge’s courtroom administrator for instructions about how to prepare evidence in an electronic format and other requirements fortheCourt’s electronicjury evidencedisplay system.

1 The Parties have discussed the retention and production of electronic data. The Parties agree that service of discovery via electronic means, including electronic files copied to compact disc, pursuanttoFed.R.Civ.5(b),issufficient,andthePartiesretaintherighttoservebymailandreceive threeadditional days for mailing providedforin Fed. R. Civ.P. 6(d). TheParties reserve the right to revisitthisissueifadisputeorneedarises.ThePartiesfurtherintendtopresentevidenceinelectronic formattojurorsforthepurposesofjurydeliberations.Totheextentdiscoveryrequestsareservedon a Saturday, Sunday, or legal holiday, service will be deemed effective on the next day that is not a Saturday, Sunday, orlegal holiday.

9 XI. Protection ofPrivileged/Trial Preparation Material: 10 If a party discovers it has inadvertently disclosed privileged or trial preparation material, it agreestonotifytheopposingpartyinwritingwithin30daysofthediscoverythatsuchdocument(s) have been disclosed, which written notification will set forth the basis for the claim that the items disclosed are privileged or trial preparation material. If the party receiving the disclosure agrees that the inadvertently produced items are privileged or trial preparation material, it will return all such items to theproducing party without theretention of any copies.

16 If the receiving party disputes that the items are privileged or trial preparation materials, it will within 30 days of written notification of the inadvertent disclosure, present the disputed items inadvertently disclosed to the court under seal for a decision with respect thereto (without the retention of copies), including with such submission the producing party’s written notification and any statement the receiving party wishes to make in support of its position that the items are not privileged or trial preparation material. If the receiving party disclosed the inadvertently produced privilegedortrialpreparationmaterialsbeforebeingnotifiedoftheinadvertentdisclosure,itwilltake reasonablesteps to retrievethematerials pending resolution of thematter.

24 XII. ElectronicServiceofDiscovery 25 ThePartiesagreethatpursuanttoRule5(b)(2)(E)oftheFederalRulesofCivilProcedure,the exchangeofpleadingsandotherpapers,includingdiscoveryrequests,responses,andESI,shallbein PDF format, and served via email or a secure file transfer protocol, rather than US Mail. All ] The Parties also agree, upon request, to promptly (no later than the second business day after the day of service) provide the sending party with confirmation of receipt of the service by email.

3 | The format to be used for attachments to any email message shall be Adobe Acrobat (.pdf). The 4|| Parties agree to serve their written discovery requests in both Microsoft Word (.docx) and Adobe | Acrobat (.pdf) format. If an error or delayed delivery message is received by the sending party, that || party shall promptly (within one business day of receipt of such message) notify the intended recipient || of the message and serve the pleading or other papers by other authorized means, including mail || service.

9 The Parties anticipate that depositions, if any, will take place remotely via videoconference || or as all parties, including the deponents, otherwise agree. The Parties will determine the manner of || depositions based on the circumstances prevailing when the Parties confer to schedule depositions.

12 || Extension of Discovery Deadline 13 LR 26-3 governs modifications or extensions to this Discovery Plan and Scheduling Order.

14 || All motions to seal must comply with Local Rule IA 10-5 and Kamakana v. City & Cnty. of Honolulu, || 447 F.3d 1172 (9th Cir. 2006). IT IS SO ORDERED. ls 17 UNITED STATES DISTRICT JUDGE / MAGISTRATE 18 DATED: December 20, 2024 || RESPECTFULLY SUBMITTED this 19" day of December 2024.

21 | [TROUTMAN PEPPER HAMILTON SANDERS LLP 3 By: /s/ Sean Kirby By: /s/ Oliver Complot SEAN B. KIRBY, ESQ. Oliver Complot Nevada Bar No. 14224 Post Office Box 1704 8985 S. Eastern Ave., Ste. 200 Buckeye, Arizona, 85326 5 Las Vegas, NV 89123 (Nevada Office) [email protected] sean. [email protected] Pro se Plaintiff Attorneys for Defendant Nationstar Mortgage LLC dba Mr. Cooper (erroneously sued as Rushmore Servicing LLC doing business for 28 Nationstar Mortgage LLC) 1 CERTIFICATE OF SERVICE 2 IHEREBYCERTIFYthatonthis19thdayofDecember2024,Icausedtobeservedatrueand correctcopyoftheforegoingDISCOVERYPLANANDSCHEDULINGORDER,inthefollowing manner: 5  (ELECTRONIC SERVICE)Pursuant to FRCP 5(b), theabovereferenced document was electronically filed on the date hereof with the Clerk of the Court for the United States District Court by usingtheCourt's CM/ECFsystem and servedthrough theCourt'sNoticeofelectronicfiling system automatically generated to thoseparties registered on theCourt's MasterE-ServiceList.

9  (UNITED STATES MAIL)By depositing a copy of the above-referenced document for mailing in the United States Mail, first-class postage prepaid, to the parties listed below at their last-known mailing addresses, on thedateabovewritten.

Oliver Complot 13 PO Box 1704 Buckeye, AZ 85326 15  (PERSONAL SERVICE) By causing to be personally delivered a copy of the above- referenced document to the person(s) listed below: N/A 17  (EMAIL) By emailing a true and correct copy of the above-referenced document to theperson(s) listed below: 19 Andre Complot [email protected] 20 I declare that I am employed in the office of a member of the bar of this Court at whose discretion the service was made. /s/ Carla Llarena 23 An employee of TROUTMAN PEPPER HAMILTON SANDERS, LLP