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

Filing 84

ORDER granting 82 Stipulation; Re: 78 Motion for Summary Judgment Responses due by 1/23/2018. Replies due by 2/23/2018. Signed by Chief Judge Gloria M. Navarro on 1/12/2018. (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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(SECOND 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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Wells Fargo and RLP-Vervain have filed competing motions for summary judgment.

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Currently opposition papers are due no later than January 5, 2018 and replies in further support

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are due no later than February 2, 2018.

4819-9669-9481

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

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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).

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The Supreme Court of Nevada recently issued its decision concerning, among other

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things, the analysis relevant to whether a low sales price and other factors warrant setting aside an

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HOA sale. Nationstar Mortgage, LLC v. Saticoy Bay LLC Series 2227 Shadow Canyon, 405 P.3d

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641 (Nev. 2017).

effect of a Nevada HOA foreclosure sale on a property which Wells Fargo asserts is owned by

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Snell & Wilmer

Both of the aforementioned decisions are relevant to this litigation, which involves the

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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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Freddie Mac. Though the parties disagree as to the effect of these decisions, they agree that they

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present complex issues which warrant a modest extension of time in order for them to be fully

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briefed.

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One prior extension of approximately one month for opposition and approximately six

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weeks for reply was granted on December 7, 2017. Though the parties have endeavored to

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complete their motion papers within the time frame previously ordered, the complexity of the

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issues, as discussed above, in combination with the recent holidays, has made this additional

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request necessary.

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-24819-9669-9481

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

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1.

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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 23, 2018.
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 than February

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23, 2018.

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Dated: January 2, 2018.

Dated: January 2, 2018.

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SNELL & WILMER L.L.P.

COOPER COONS, LTD.

By: /s/ Kiah 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/ J. Charles Coons
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.
Dated this 12 day of January, 2018.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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