Nevada Sand Castle, LLC v. Green Tree Servicing LLC et al

Filing 32

ORDER Granting 31 Stipulation to Stay Discovery Pending Ruling on Motion to Consolidate (First Request). Signed by Magistrate Judge Cam Ferenbach on 2/16/16. (Copies have been distributed pursuant to the NEF - PS)

1
2
3
4
5

Colt B. Dodrill, Esq. (SBN 9000)
WOLFE & WYMAN LLP
980 Kelly Johnson Drive, Ste 140
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant Green Tree Servicing LLC,
now known as Ditech Financial LLC, and
Intervenor/Counterclaimant Federal National Mortgage Association

6
7
8
9

Leslie Bryan Hart, Esq. (SBN 4932)
John D. Tennert, Esq. (SBN 11728)
FENNEMORE CRAIG, P.C.
300 E. Second St., Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
[e-mail]; [e-mail]

10
Attorneys for Intervenor/Counterclaimant Federal Housing Finance Agency
11
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

NEVADA SAND CASTLES, LLC,
Plaintiff,
vs.
GREEN TREE SERVICING LLC;
RECONSTRUST COMPANY, N.A.; BANK
OF AMERICA, N.A.; PRLAP, INC.; DOES IX, inclusive; and ROE BUSINESS ENTITIES
I-X, inclusive,
Defendants.
and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION; and FEDERAL HOUSING
FINANCE AGENCY, as Conservator of the
Federal National Mortgage Association,
Intervenors.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION; and FEDERAL HOUSING
FINANCE AGENCY, as Conservator of the
Federal National Mortgage Association,
Counterclaimants,
vs.
NEVADA SAND CASTLES, LLC,
Counter-Defendant.

27
28
FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

11271821

CASE NO. 2:15-cv-00588-GMN-VCF

STIPULATION AND [PROPOSED]
ORDER TO STAY DISCOVERY
PENDING RULING ON MOTION TO
CONSOLIDATE
FIRST REQUEST

1

Plaintiff/Counter-Defendant, Nevada Sand Castles, LLC (“Nevada Sand Castles”),

2

Defendant

3

Intervenor/Counterclaimant, Federal National Mortgage Association (“Fannie Mae”), and

4

Intervenor/Counterclaimant, Federal Housing Finance Agency (“FHFA”), by and through their

5

attorneys of record, submit the following stipulation for the Court’s review and approval.

Green

Tree

Servicing

LLC,

now

known

as

Ditech

Financial

LLC,

6

WHEREAS, the Court granted the parties’ stipulation to entry of order and entered its

7

order permitting Fannie Mae and FHFA to intervene in this action on January 13, 2016. (Dkt.

8

28.)

9

WHEREAS, on February 12, 2016, Fannie Mae and FHFA filed a Motion to Consolidate

10

this action with a defendants’ class action that Fannie Mae, FHFA, and the Federal Home Loan

11

Mortgage Corporation (“Freddie Mac,” and with Fannie Mae, the “Enterprises”) have filed in

12

this District, FHFA v. SFR Investments Pool 1, LLC, No. 2:15-cv-1338-GMN-CWH (D. Nev.)

13

(“Putative Class Action”). (Dkt. 30.)

14

WHEREAS, the purpose of the Motion to Consolidate, and of similar motions filed or to

15

be filed in other related actions, is to facilitate the efficient management of a growing number of

16

related cases that, despite minor, non-dispositive factual differences, all turn on the same

17

dispositive legal issue: whether a homeowner’s association foreclosure sale conducted under

18

Nev. Rev. Stat. § 116.3116(2) (“HOA Sale”) may extinguish the Enterprises’ property interests.

19

WHEREAS, Nevada Sand Castles consents to the Motion to Consolidate.

20

WHEREAS, until the Court decides the Motion to Consolidate, the parties agree to stay

21

discovery, including the conference, discovery plan and report required by Rule 26(f) of the

22

Federal Rules of Civil Procedure (“FRCP”) and Rule 26-1(d) of the Local Rules of Practice for

23

the United States District Court for the District of Nevada (“LR”), and the initial disclosures

24

required by FRCP 26(a).

25

WHEREAS, the parties agree that the interests of efficiency and judicial economy

26

would be served by consolidation of this action with the Putative Class Action. The efficiencies

27

to this Court and to the parties would be diminished if the parties were required to pursue

28

discovery while the Motion to Consolidate is pending.

FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

11271821

2

1

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among

2

the parties, through their undersigned counsel, that all discovery is stayed pending a ruling on the

3

Motion to Consolidate.

4

IT IS FURTHER STIPULATED AND AGREED that this Stipulation is entered into

5

in good faith and not for the purposes of delay, and is not intended to waive any of the

6

substantive or procedural right of the parties. The parties have not previously requested any stay

7

of discovery.
DATED this 12th day of February, 2016.

8
9

WOLFE & WYMAN LLP

FENNEMORE CRAIG, P.C.

By:

By:

10
11
12
13
14
15

/s/ Colt Dodrill
______
Colt B. Dodrill (SBN 9000)
980 Kelly Johnson Drive, Ste 140
Las Vegas, NV 89119
Tel: [phone] Fax: [phone]
[e-mail]

Attorneys for Defendant Green Tree Servicing
LLC, nka, Ditech Financial LLC, and
Intervenor/Counterclaimant Federal National
Mortgage Association

/s/ Leslie Bryan Hart
Leslie Bryan Hart, Esq. (SBN 4932)
John D. Tennert, Esq. (SBN 11728)
300 E. Second St., Suite 1510
Reno, Nevada 89501
Tel: [phone] Fax: [phone]
[e-mail]; [e-mail]

Attorneys for Intervenor/Counterclaimant
Federal Housing Financing Agency

16
17

NOGGLE LAW

18

By:

19
20
21
22

/s/ Alex Ghibaudo
Robert B. Noggle, Esq. (SBN 11427)
Alex Ghibaudo, Esq. (SBN 10592)
376 East Warm Springs, Rd., Ste 140
Las Vegas, NV 89119
Tel: [phone] Fax: [phone]
[e-mail]

Attorneys for Plaintiff Nevada Sand Castles,
LLC

23
ORDER

24

IT IS SO ORDERED.

25
26

________________________________
UNITED STATES MAGISTRATE JUDGE

27
28
FENNEMORE CRAIG, P.C.
300 E. SECOND ST.
SUITE 1510
RENO, NEVADA 89501
[phone]

DATED: ________________________
11271821

3