Cortez v. Merscorp Holdings Inc. et al

Filing 38

ORDER Granting 37 Amended Stipulation to Stay Discovery Pursuant to Local Rule 6-1(B). (First Request) Signed by Magistrate Judge Nancy J. Koppe on 8/18/15. (Copies have been distributed pursuant to the NEF - PS)

BERNADETTE A. RIGO
NEVADA BAR NO. 7882
SELMAN BREITMAN LLP
3993 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169-0961
Telephone:
702.228.7717
Facsimile:
702.228.8824
Email:
[e-mail]
Attorneys for Defendant WEST COAST
MORTGAGE GROUP
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:14-cv-01048-GMN-NJK

Plaintiff,
ATTORNEYS AT LAW

Selman Breitman

LLP

PRISCILLA SANTOS CORTEZ,

v.
NATIONSTAR MORTGAGE, LLC;
QUALITY LOAN SERVICING, LLC; WEST
COAST MORTGAGE GROUP; ALLIANCE
BANCORP; AURORA BANK, FSB;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; ROSE
VELLANOWETH; and DOES 1-10, inclusive,

AMENDED STIPULATION AND ORDER
TO STAY DISCOVERY PURSUANT TO
LOCAL RULE 6-1(B)
(FIRST REQUEST)

Defendants.

Pursuant to Local Rule 6-1(b), plaintiff PRISCILLA SANTOS CORTEZ, defendant
WEST COAST MORTGAGE GROUP ("WEST COAST"), by and through its attorney of record,
Bernadette A. Rigo with Selman Law, LLP, and defendants NATIONSTAR MORTGAGE, LLC;
AURORA BANK, FSB; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and
MERSCORP HOLDINGS, INC. (collectively, Nationstar Defendants), by and through their
attorney of record, Donna M. Wittig with AKERMAN LLP, hereby stipulate and agree, subject to
the approval of the Court, that:
WHEREAS:

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95335.1 2030.38443

(1)

The current lawsuit consolidates two lawsuits filed by plaintiff concerning the real

property located at 1020 Zurich Avenue in Henderson, Nevada, and the mortgage loan she
obtained in 2006 for its purchase;
(2)

On June 19, 2015, WEST COAST filed a Motion to Dismiss Pursuant to 12(b)

based on lack of jurisdiction, insufficiency of service of process, and failure to state a claim upon
which relief can be granted (Doc. 27);
(3)

On August 13, 2015, Nationstar Defendants filed a motion to dismiss plaintiff's

complaint with prejudice based on res judicata, statute of limitations and failure to state a claim
upon which relief can be granted; and to the extent not dismissed on the merits with prejudice,

LLP

(4)
ATTORNEYS AT LAW

process (Doc. 34);

Selman Breitman

Nationstar Defendants moved to dismiss without prejudice due to insufficiency of service of

The parties seek a just, speedy and inexpensive determination of the pending

motions to dismiss without expense of discovery which would be unnecessary for all parties
involved if either or both motions are granted and by which no party would be prejudiced if the
motions were denied and discovery began after the Court enters an Order on the motions.
IT IS THEREBY STIPULATED AND AGREED THAT:
(1)

All discovery in this action shall be stayed until the Court enters an Order resolving

WEST COAST's pending Motion to Dismiss Pursuant to 12(b) (Doc. 27) and Nationstar
Defendants' pending Motion to Dismiss (Doc. 34);
(2)

Following the court's entry of an order(s) on West Coast's and Nationstar

Defendant's motions, the parties shall have 30 days in which to conduct Fed. R. Civ. P. 26(f)
conference, and 14 days after the Rule 26(f) conference in which to submit a proposed discovery
plan and scheduling order and serve initial disclosures;
(3)

No party shall serve requests for discovery until after the parties hold the Rule 26(f)

conference;
(4)

This Stipulation is made without prejudice to any parties' right to move to extend

the stay of discovery;

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(5)

This is the parties' first request to stay discovery.

DATED: August 17, 2015

SELMAN BREITMAN LLP

By:

ATTORNEYS AT LAW

Selman Breitman

LLP

DATED: August 17, 2015

/s/ Bernadette A. Rigo
BERNADETTE A. RIGO
NEVADA BAR NO. 7882
3993 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169-0961
Phone: [phone]
Facsimile: 702.228.8824
Attorneys for Defendant WEST COAST
MORTGAGE GROUP

PRISCILLA SANTOS CORTEZ

By: /s/ Priscilla Santos Cortez
PRISCILLA SANTOS CORTEZ
4132 Calmoor Street
National City, CA 91950
PLAINTIFF PRO PER
DATED: August 17, 2015

AKERMAN LLP

By: /s/ Donna M. Wittig
DONNA M. WITTIG, ESQ.
NEVADA BAR NO. 11015
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Attorneys for Defendants
NATIONSTAR MORTGAGE, LLC, AURORA
BANK, FSB, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. and
MERSCORP HOLDINGS, INC.
ORDER

IT IS SO ORDERED.
August 18, 2015
Dated: ________________

By:
U.S. DISTRICTMagistrate Judge
United States MAGISTRATE JUDGE

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