HSBC Bank USA, National Association v. Stewart Information Services Corporation et al
| HSBC Bank USA, National Association |
| Stewart Information Services Corporation, Stewart Title of Nevada and Stewart Title Guaranty Company |
| 2:2021cv00637 |
| April 19, 2021 |
| US District Court for the District of Nevada |
| Richard F Boulware |
| Jennifer A Dorsey |
| Brenda Weksler |
| Insurance |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Filing 36 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/16/2021 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Darren Brenner, Esq.; Def Counsel: Aaron Maurice, Esq.; Time of Hearing: 10:00am; Electronic Court Recorder Operator: Liberty/ECRO; Recording start and end times: 9:58:10 - 10:48:00; Courtroom: 3A; Due to ongoing concerns for health and safety during the Covid-19 pandemic, all parties appear via videoconference at these proceedings. The Court scheduled these proceedings regarding Defendant's Motions to Stay Discovery #24 and for Protective Order #25 . The Court hears the respective arguments of Counsel. The Court will take this matter under submission and issue an Order as soon as is possible. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
Filing 35
ORDER granting #34 Stipulation Re: #4 and #8 Motions to Dismiss, Replies due by 7/14/2021. Signed by Judge Richard F. Boulware, II on 6/14/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 34 STIPULATION FOR EXTENSION OF TIME (First Request) re #11 Joinder, #8 Motion to Dismiss,, #4 Motion to Dismiss,, by Defendant Stewart Title Guaranty Company. (Aronson, Elizabeth) |
| Filing 33 REQUEST for Judicial Notice re #32 Response by Plaintiff HSBC Bank USA, National Association. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Brenner, Darren) |
| Filing 32 RESPONSE to #8 Motion to Dismiss,, by Plaintiff HSBC Bank USA, National Association. Replies due by 6/14/2021. (Brenner, Darren) |
| Filing 31 RESPONSE to #4 Motion to Dismiss,, by Plaintiff HSBC Bank USA, National Association. Replies due by 6/14/2021. (Brenner, Darren) |
| Filing 30 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 6/4/2021. Regarding #25 Motion for Protective Order, #24 Motion to Stay Discovery: Motion Hearing set for 6/16/2021 at 10:00 AM in a Courtroom to be determined before Magistrate Judge Brenda Weksler via Zoom videoconference. To receive a Zoom invitation, counsel or the parties must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day prior to the hearing and no sooner than one week prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 29 REPLY to Response to #25 Motion for Protective Order, by Defendant Stewart Title Guaranty Company. (Wood, Brittany) |
| Filing 28 REPLY to Response to #24 Motion to Stay Discovery, by Defendant Stewart Title Guaranty Company. (Wood, Brittany) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 5/24/2021. Before the Court is a motion to stay discovery by defendant Stewart Title Guaranty Company. ECF No. #24 . Defendant seeks to stay discovery until the district judge resolves its pending motion to stay case and motion for remand. The Court has wide discretion in controlling discovery and, more broadly, "the pretrial phase of litigation." Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 1988); Redeker v. Cox, 2017 WL 2728030, at *1 (D. Nev. June 23, 2017) (citing Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002)). Here, the Court has reviewed defendant's motion (and plaintiff's response at ECF No. #26 ) and in its discretion finds that a temporary stay is appropriate until the Court has the benefit of full briefing. Therefore, without prejudging the disposition of defendant's motion, IT IS ORDERED that discovery--including depositions and outstanding discovery requests--is STAYED until the Court resolves defendant's motion to stay discovery at ECF No. #24 . (no image attached) (Copies have been distributed pursuant to the NEF - DCh) |
| Filing 26 RESPONSE to #25 Motion for Protective Order, #24 Motion to Stay Discovery, by Plaintiff HSBC Bank USA, National Association. Replies due by 5/31/2021. (Attachments: #1 Exhibit, #2 Exhibit) (Brenner, Darren) |
| Filing 25 Emergency MOTION for Protective Order by Defendant Stewart Title Guaranty Company. (Attachments: #1 Exhibit 1 - Declaration of Brittany Wood, #2 Exhibit 2 - May 5, 2021 E-mail, #3 Exhibit 3 - Requests for Admission, #4 Exhibit 4 - Requests for Production, #5 Exhibit 5 - Notice of Deposition) (Wood, Brittany) |
| Filing 24 Emergency MOTION to Stay Discovery by Defendant Stewart Title Guaranty Company. (Attachments: #1 Exhibit 1 - Declaration of Brittany Wood, #2 Exhibit 2 - May 5, 2021 E-mail, #3 Exhibit 3 - Requests for Admission, #4 Exhibit 4 - Requests for Production, #5 Exhibit 5 - Notice of Deposition) (Wood, Brittany) |
| Filing 23 REPLY to Response to #10 Motion to Stay Case by Defendant Stewart Title Guaranty Company. (Maurice, Aaron) |
| Filing 22 Joint STATUS REPORT by Defendants Stewart Information Services Corporation, Stewart Title Guaranty Company, Stewart Title of Nevada. (Wood, Brittany) |
| Filing 21 NOTICE of Appearance by attorney Christina Miller on behalf of Plaintiff HSBC Bank USA, National Association. (Miller, Christina) |
| Filing 20 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR) |
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Filing 19
SCHEDULING ORDER Granting #16 Discovery Plan and Scheduling Order. Discovery due by 10/18/2021. Motions due by 11/17/2021. Proposed Joint Pretrial Order due by 12/17/2021. Signed by Magistrate Judge Brenda Weksler on 5/14/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 18 RESPONSE to #10 Motion to Stay Case by Plaintiff HSBC Bank USA, National Association. Replies due by 5/20/2021. (Attachments: #1 Exhibit, #2 Exhibit) (Brenner, Darren) |
| Filing 16 Proposed Stipulated Discovery Plan and Scheduling Order by Plaintiff HSBC Bank USA, National Association. (Brenner, Darren) |
| Filing 15 REPLY to Response to #6 Motion to Remand to State Court by Plaintiff HSBC Bank USA, National Association. (Brenner, Darren) |
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Filing 17
ORDER granting #14 Stipulation to Extend time to Respond to: #4 Motion to Dismiss,, #8 Motion to Dismiss, #11 Joinder. Responses due by 6/6/2021. Signed by Judge Richard F. Boulware, II on 5/10/2021. (Copies have been distributed pursuant to the NEF - DRS)
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| Filing 14 STIPULATION FOR EXTENSION OF TIME (First Request) re #11 Joinder, #8 Motion to Dismiss,, #4 Motion to Dismiss,, by Plaintiff HSBC Bank USA, National Association. (Robbins, Lindsay) |
| Filing 13 STATEMENT REGARDING REMOVAL by Defendants Stewart Information Services Corporation, Stewart Title Guaranty Company, Stewart Title of Nevada. (Maurice, Aaron) |
| Filing 12 RESPONSE to #6 Motion to Remand to State Court by Defendants Stewart Information Services Corporation, Stewart Title Guaranty Company, Stewart Title of Nevada. Replies due by 5/11/2021. (Attachments: #1 Exhibit 1 - 2007 Articles of Merger from Nevada Secretary of State, #2 Exhibit 2 - 2012 Articles of Merger from Nevada Secretary of State, #3 Exhibit 3 - 2012 Certificate of Merger from Texas Secretary of State) (Maurice, Aaron) |
| Filing 11 JOINDER to #8 Motion to Dismiss,, by Defendant Stewart Title of Nevada. (Maurice, Aaron) |
| Filing 10 MOTION to Stay Case by Defendant Stewart Title Guaranty Company. (Maurice, Aaron) |
| Filing 9 CLERK'S NOTICE that this case is randomly reassigned to Judge Richard F. Boulware, II for all further proceedings. All further documents must bear the correct case number 2:21-cv-00637-RFB-BNW. (no image attached) (EDS) |
| Filing 8 MOTION to Dismiss #1 Petition for Removal,, by Defendant Stewart Title Guaranty Company. Responses due by 5/10/2021. Discovery Plan/Scheduling Order due by 6/10/2021. (Attachments: #1 Exhibit 1 - 1992 ALTA Title Insurance Policy) (Maurice, Aaron) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/26/2021. With good cause appearing, the Honorable Judge Jennifer A. Dorsey recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - CH) |
| Filing 6 MOTION to Remand to State Court re #1 Petition for Removal,, by Plaintiff HSBC Bank USA, National Association. Responses due by 5/6/2021. (Attachments: #1 Exhibit) (Brenner, Darren) |
| Filing 5 CERTIFICATE of Interested Parties by HSBC Bank USA, National Association that identifies all parties that have an interest in the outcome of this case. Corporate Parent HSBC Finance Corporation, Corporate Parent HSBC Mortgage Services, Inc., Corporate Parent HSBC Holdings, plc, for HSBC Bank USA, National Association added. (Brenner, Darren) |
| Filing 4 MOTION to Dismiss #1 Petition for Removal,, by Defendant Stewart Information Services Corporation. Responses due by 5/6/2021. Discovery Plan/Scheduling Order due by 6/6/2021. (Attachments: #1 Declaration 1 - Declaration of Brian Glaze in Support of Motion) (Maurice, Aaron) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 3 CERTIFICATE of Interested Parties by Stewart Information Services Corporation, Stewart Title Guaranty Company that identifies all parties that have an interest in the outcome of this case. Other Affiliate BLACKROCK INC. for Stewart Information Services Corporation added. (Maurice, Aaron) |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 4/19/2021. Statement regarding removed action is due by 5/4/2021. Joint Status Report regarding removed action is due by 5/19/2021. (Copies have been distributed pursuant to the NEF - MR) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court State of Nevada, Case Number A-21-831193-C, (Filing fee $ 402 receipt number 0978-6452673) by Stewart Title Guaranty Company, Stewart Information Services Corporation. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Stewart Title of Nevada Merger, #3 Exhibit 3 - Stewart Title of Nevada Holdings Merger) (Maurice, Aaron) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (MR) |
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