RLP-Vervain Court, LLC, v. DHI Mortgage Company, Ltd., et al

Filing 81

ORDER granting 79 Stipulation; Re: 78 Motion for Summary Judgment, 77 Motion for Summary Judgment, Responses due by 1/5/2018. Replies due by 2/2/2018. Signed by Chief Judge Gloria M. Navarro on 12/7/2017. (Copies have been distributed pursuant to the NEF - JM)

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Janine C. Prupas, Esq.
Nevada Bar No. 9156
Kiah D. Beverly-Graham, Esq.
Nevada Bar No. 11916
SNELL & WILMER L.L.P.
50 W. Liberty Street, Suite 510
Reno, NV 89501
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendant Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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RLP-VERVAIN COURT, LLC, a Nevada
series limited liability company of the
container RED LIZARD PRODUCTIONS,
LLC under NRS § 86.296,

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Plaintiff,
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v.

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CASE NO. 2:13-cv-01517-GMN-CWH
STIPULATION AND ORDER TO
EXTEND TIME FOR DISPOSITIVE
MOTION BRIEFING

DHI MORTGAGE COMPANY, LTD., a
Texas limited partnership; WELLS FARGO
BANK, N.A., a national association; FORT
APACHE SQUARE HOMEOWNERS
ASSOCIATION, a Nevada domestic nonprofit corporation; MTC FINANCIAL INC., a
California corporation; REPUBLIC SILVER
STATE DISPOSAL, INC., a Nevada
corporation; JOSEPH A. NEWELL, an
individual; DOES I through X; and ROE
CORPORATIONS I through X, inclusive,

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(FIRST REQUEST)

Defendants.

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Wells Fargo Bank, N.A. (“Wells Fargo”) and RLP-Vervain Court, LLC (“RLP-Vervain”),

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through their counsel of record, hereby stipulate and request an order from the Court to extend the

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dispositive motion briefing schedule as described herein.

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4811-4952-8918

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On November 13, 2017 Wells Fargo filed its Motion for Summary Judgment. Currently

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opposition to Wells Fargo’s motion is due no later than December 4, 2017, and reply in further

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support of the motion is due no later than December 18, 2017.

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On November 22, 2017, RLP-Vervain filed its Motion for Summary Judgment. Currently

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opposition to RPL-Vervain’s motion is due on December 13, 2017, and reply in further support of

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the motion is due no later than December 27, 2017.

4617(j)(3) to Nevada HOA foreclosures and the preemption of NRS 116 for loans owned by the

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Federal National Mortgage Association and Federal Home Loan Mortgage Corporation (“Freddie

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Mac”). Berezovsky v. Moniz, 869 F.3d 923 (9th Cir. 2017). The effect of a Nevada HOA

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Snell & Wilmer

The Ninth Circuit recently issued its decision regarding the application of 12 U.S.C. §

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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foreclosure sale is at issue in this litigation. Moreover, it is Wells Fargo’s position that the

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mortgage loan for the property at issue is owned by Freddie Mac. Although the parties disagree as

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to the dispositive effect of the Berezovsky decision on this action, they agree that the issues the

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decision presents are complex and warrant a modest extension of time in order for them to be

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fully briefed. Furthermore, the parties agree that coordinating the time for Wells Fargo’s and

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RLP-Vervain’s opposition and reply papers would result in a more efficient disposition of this

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action.

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No prior application has been made for the relief requested herein.

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Accordingly, the Parties agree and respectfully request an order as follows:

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1.

Oppositions to Wells Fargo’s and RLP-Vervian’s Motions for Summary Judgment
shall be filed and served via the Court’s ECF system no later than January 5, 2018.

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-24811-4952-8918

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2.

Replies in further support of Wells Fargo’s and RLP-Vervian’s Motions for

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Summary Judgment shall be filed and served via the Court’s ECF system no later

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than February 2, 2018.

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Dated: November 29, 2017.

Dated: November 29, 2017.

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SNELL & WILMER L.L.P.

COOPER COONS, LTD.

By: /s/ Kiah D. Beverly-Graham
Janine C. Prupas, Esq.
NV Bar No. 9156
Kiah D. Graham-Beverly, Esq.
NV Bar No. 11916
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for Wells Fargo Bank, N.A.

By: /s/ Thomas A. Miskey
J. Charles Coons, Esq.
NV Bar No. 10553
Thomas A. Miskey, Esq.
NV Bar No. 13540
10655 Park Run Drive, Suite 130
Las Vegas, Nevada 89144
Attorneys for RLP-Vervain Court, LLC

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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IT IS SO ORDERED.
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Dated this ___ day of December, 2017.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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-34811-4952-8918

CERTIFICATE OF SERVICE
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I hereby certify that on this date, I electronically filed the foregoing with the Clerk of
Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system.
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.

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DATED: November 29, 2017
/s/Kiah D. Beverly-Graham
Kiah D. Beverly-Graham

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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-44811-4952-8918