BAC Home Loans Servicing LP v. Stonefield II Homeowners Association et al

Filing 99

ORDER Granting 66 Stipulation Setting aside 63 Clerks Entry of Default and Extending time to Answer to Plaintiffs Complaint as to Homeowner Association Services, Inc. Answer due 3/23/2011. Plaintiff's Response to Motions due by 4/22/2011. Signed by Judge James C. Mahan on 4/8/2011. (Copies have been distributed pursuant to the NEF - SLR)

-RJJ BAC Home Loans Servicing LP v. Stonefield II Homeowners Association et al

Doc. 99

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.

JOSEPH P. GARIN (Bar No. 6653) KALEB D. ANDERSON (Bar No. 4782) LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. 9080 W. Post Road, Suite 100 Las Vegas, Nevada 89148 [phone] [e-mail] [e-mail] Attorneys for Defendant Homeowner Association Services, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

BAC HOME LOANS SERVICING, LP, Plaintiff, v. STONEFIELD II HOMEOWNERS ASSOCIATION; ANTHEM HIGHLANDS COMMUNITY ASSOCIATION; MONTECITO AT MOUNTAIN'S EDGE HOMEOWNERS ASSOCIATION; HERITAGE SQUARE SOUTH HOMEOWNERS' ASSOCIATION, INC.; SIERRA RANCH HOMEOWNERS ASSOCIATION; CORTEZ HEIGHTS HOMEOWNERS ASSOCIATION; SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION; ELKHORN - CIMARRON ESTATES HOMEOWNERS ASSOCIATION; ELKHORN COMMUNITY ASSOCIATION, a Nevada non-profit corporation; CANYON CREST ASSOCIATION; LAS BRISAS HOMEOWNERS ASSOCIATION; ALIANTE MASTER ASSOCIATION; MOUNTAIN'S EDGE MASTER ASSOCIATION; ALESSI & KOENIG, LLC; ALLIED TRUSTEE SERVICES, INC.; ANGUIS & TERRY COLLECTIONS, LLC; ASSESSMENT MANAGEMENT GROUP INC.; LJS&G, LTD., d/b/a Leach Johnson Song & Gruchow' HOMEOWNER ASSOCIATION SERVICES, INC.; NEVADA ASSOCIATION SERVICES, INC.; PHIL FRINK & ASSOCIATES, INC.; G.J.L., INCORPORATED, d/b/a Pro Forma Lien & Foreclosure; K.G.D.O. HOLDING COMPANY, INC., d/b/a Terry West Property Management; RMI MANAGEMENT LLC, d/b/a Red Rock Financial Services; SILVER STATE TRUSTEE SERVICES, LLC,

CASE NO.: 2:11-cv-00167-JCM-RJJ STIPULATION, REQUEST AND ORDER SETTING ASIDE DEFAULT AND EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT (First Request)

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9080 West Post Road, Suite 100 Las Vegas, NV 89148 [phone]

Dockets.Justia.com

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.

Defendants.

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Defendant Homeowner Association Services, Inc. ("Defendant"), by and through their undersigned counsel, and Plaintiff BAC Home Loan Servicing, LP by and through its counsel, hereby respectfully submit this Stipulation, Request and Order Setting Aside Default and Extending Time to Answer or Otherwise Respond to Plaintiff's Complaint (the "Stipulation"). This Stipulation is made in accordance with LR 6-1, LR 6-2, and LR 7-1 of the Local Rules of this Court. This is Defendant's First Request for an Extension of Time to File an Answer or Otherwise Respond to Plaintiff's Complaint. Defendant was served with a copy of the Summons and Complaint in this matter on February 2, 2011 and a Default was entered on February 25, 2011. Upon agreement by and between all the parties hereto as set forth herein, the undersigned respectfully request this Court set aside the Default entered against Defendant and grant an extension of time, up to and including March 23, 2011 for Defendant to file an answer or otherwise respond to Plaintiff's Complaint. In addition, the parties respectfully request this Court to set a deadline of April 22, 2011 for Plaintiff to respond to any motions filed by Defendant. By entering into this Stipulation, none of the parties waive any rights they have under statute, law, or rule with respect to Plaintiff's Complaint. Stipulated and Agreed to: AKERMAN SENTERFITT, LLP /s/ Diana S. Erb Ariel E. Stern, Esq. Nevada Bar No. 8276 Diana S. Erb, Esq. Nevada Bar No. 10580 400 South Fourth Street, Suite 450 Las Vegas, Nevada 89101 Phone: [phone] Attorneys for BAC Home Loans, DATED: March 14, 2011. LIPSON NEILSON COLE SELTZER & GARIN, P.C. /s/ Kaleb Anderson Kaleb Anderson, Esq. Nevada Bar No. 007582 9080 W. Post Rd. #100 Las Vegas, Nevada 89148 Phone: [phone] Attorneys for Homeowner Association Services, Inc. DATED: March 14, 2011.

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9080 West Post Road, Suite 100 Las Vegas, NV 89148 [phone]

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.

ORDER GOOD CAUSE APPEARING: IT IS ORDERED that the Default entered against Defendant Homeowner Association Services, Inc. be set aside. IT IS FURTHER ORDERED that Defendant's request for an extension of time to answer or otherwise respond to Plaintiff's Complaint is granted, and said answer or response is due on or before March 23, 2011, with Plaintiff's Response to Motions due on or before April 22, 2011. DATED this 8th day of April, 2011. 2011. ______ day of March,

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9080 West Post Road, Suite 100 Las Vegas, NV 89148 [phone]

ROBERT STATES DISTRICT JUDGE UNITED J. JOHNSTON United States Magistrate Judge