JPMorgan Chase Bank, N.A. v. SFR Investments Pool 1, LLC, et al

Filing 101

ORDER Granting 99 Stipulation. Case stayed. Signed by Judge Richard F. Boulware, II on 9/13/2016. (Copies have been distributed pursuant to the NEF - DL)

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KAREN L. HANKS, ESQ.

Nevada Bar No. 9578
E-mail: [e-mail]
DIANA S. CLINE, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
HOWARD KIM & ASSOCIATES
1055 Whitney Ranch Drive, Suite 110
Henderson, Nevada 89014
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN DRIVE DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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JPMORGAN CHASE BANK, N.A., a New
York Corporation,
Plaintiff,
vs.

Case No. 2:14-cv-02080-RFB-GWF

SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; THE PRESERVES
AT ELKHORN SPRINGS HOMEOWNERS
ASSOCIATION, a Domestic Non-Profit
Corporation; ATC ASSESSMENT
COLLECTION GROUP, LLC, a California
Limited Liability Company; HEATHER A.
REINHARD, an individual; JASON C.
REINHARD, an individual; DOES I through X;
and ROE CORPORATIONS I through X,
inclusive,
Defendants.

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Plaintiff, JPMorgan Chase Bank, N.A., (the “Bank”) and Defendant, SFR Investments Pool

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1, LLC (“SFR”) by and through their respective counsel of record, hereby stipulate and agree as

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follows:

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1.

This lawsuit is one of many involving the effect of a non-judicial foreclosure sale

conducted by a homeowners association pursuant to NRS 116.3116 et seq.
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On July 28, 2016, this Court entered an order granting SFR’s Motion for Summary

Judgment and denying the Bank’s Counter-Motions for Summary Judgment.
3.

On August 12, 2016, the Ninth Circuit issued a decision in Bourne Valley Court

Trust v. Wells Fargo Bank, 2016 WL 4254983 (9th Cir. Aug. 12, 2016) holding that NRS 116 is
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facially unconstitutional. A petition for rehearing was filed by the petitioner in Bourne Valley on

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August 26, 2016.

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4.

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On August 25, 2016, the Bank filed a Motion for Reconsideration under Bourne

Valley. SFR’s response to the Motion for Reconsideration is due on September 12, 2016.

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5.

The Parties agree to stay this matter pending resolution of Bourne Valley.

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6.

Should this court not ratify this stipulation, the parties agree that SFR shall have 7

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(seven) days from the date of entry of any order denying this stipulation to file a response to the

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Motion for Reconsideration.
IT IS STIPULATED AND AGREED that the case is stayed pending resolution of Bourne

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Valley.

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DATED this 12th day of September, 2016.

DATED this 12th day of September, 2016.

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KIM GILBERT EBRON

WRIGHT, FINLAY & ZAK, LLP

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/s/Jacqueline Gilbert_________
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
107625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorney for SFR Investments Pool 1, LLC

/s/ Chelsea A. Crowton_______________
Chelsea A. Crowton, Esq.
Nevada Bar No. 11547
7785 W. Sahara Ave., Ste 200
Las Vegas, Nevada 89117
Attorney for JPMorgan Chase Bank, N.A.

[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN DRIVE DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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ORDER

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IT IS SO ORDERED.

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DATED this13th day of _____________, 2016.
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September

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____________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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