IN THE SUPREME COURT OF THE STATE OF NEVADA

SFR INVESTMENTS POOL 1, LLC, A No. 75890 NEVADA LIMITED LIABILITY COMPANY, Appellant, FILED vs. OCT 2 2019 NATIONSTAR MORTGAGE, LLC, A A._ BROWN 7 DELAWARE LIMITED LIABILITY EL CLE FEME CQU COMPANY, BY DEP C..ERK Res • ondent.

ORDER VACATING AND REMANDING This is an appeal from a district court order granting summary judgment in an action to quiet title. Eighth Judicial District Court, Clark County; Michael Villani, Judge. Reviewing the summary judgment de novo, Wood v. Safeway, Inc., 121 Nev. 724, 729, 121 P.3d 1026, 1029 (2005), we vacate and remand.' Having considered the parties arguments and the record, we conclude that the district court may have erred in granting summary judgment for respondent. Respondent supported its summary judgment motion with computer printouts from Freddie Mac's database and attempted to authenticate those printouts with a declaration from Dean Meyer, which this court recently recognized is sufficient to satisfy NRS 51.135s standard for admissibility. Daisy Trust v. Wells Fargo Bank, N.A., Nev., Adv. Op. 30, 445 P.3d 846, 849 (2019). However, appellant filed a motion to strike Dean Meyer as a witness and his accompanying declaration on the ground that Dean Meyer had not been listed as a witness

'Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal.

SUPREME COURT OF NEVADA / 4j- lf ag le (0) I947A IMPRI=T11 11 ,••=.1- and that the declaration had not been provided during the course of discovery. Although the district court's written order granting summary judgment could be construed as impliedly denying the 'notion, there is no evidence in the record from which we could confidently infer that the district court based any such denial on a conclusion that the delayed disclosures were substantially justified or harmless. NRCP 37(c)(1) (2005) (recognizing that discovery sanctions are warranted for failure to comply with discovery obligations unless the failure was with "substantial justification" or if the noncompliance was "harmless"). This is particularly so because appellant asked to depose Mr. Meyer as an alternative to striking him and his declaration. Accordingly, we cannot affirm the district court's summary judgment based solely on Daisy Trust and the existing record.2 We therefore ORDER the judgment of the district court VACATED AND REMAND this matter to the district court for proceedings consistent with this order.3

C.J.

Gibbons

-"C;244j4124°.°4644 .

Parraguirre Douglas

2We decline appellant's request to order the district court to enter judgment in appellant's favor.

3The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA (01 1947A algeop, cc: Hon. Michael Villani, District Judge Kim Gilbert Ebron Akerman LLP/Las Vegas Fennemore Craig P.C./Reno Arnold & Porter Kaye Scholer LLP/Washington DC Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A

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