Wells Fargo Bank, N.A. v. MEI-GSR Holdings, LLC et al

Filing 64

ORDER Granting 63 Stipulation to Modify Scheduling Order and Extend Time to Respond (First Request). Discovery due by 7/19/2018. Motions due by 8/15/2018. Proposed Joint Pretrial Order due 30 days after the Dispositive Motion deadline. Signed by Magistrate Judge Carl W. Hoffman on 3/19/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-00654-GMN-CWH Document 63 Filed 03/14/18 Page 1 of 3

1
2
3
4
5
6
7
8

COHEN|JOHNSON|PARKER|EDWARDS
H. STAN JOHNSON, ESQ.
Nevada Bar No. 00265
[e-mail]
CHRIS DAVIS, ESQ.
Nevada Bar No. 06616
[e-mail]
375 E. Warm Springs Road, Suite 104
Las Vegas, Nevada 89119
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants, MEI-GSR Holdings, LLC and
Grand Sierra Resort Unit-Owners’ Association
UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12
375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

COHEN|JOHNSON|PARKER|EDWARDS

9

13
14

WELLS FARGO BANK, N.A., TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
BANK OF AMERICA FUNDING
CORPORATION MORTGAGE PASS
THROUGH CERTIFICATES, SERIES
2007-5,

15

Plaintiff,

16
17
18
19
20
21

Case No.: 2:15-cv-00654-GMN-CWH

STIPULATION AND [PROPOSED] ORDER
TO MODIFY SCHEDULING ORDER AND
EXTEND THE TIME TO RESPOND
(First Request)

vs.
MEI-GSR HOLDINGS, LLC; GRAND
SIERRA RESORT UNIT-OWNERS’
ASSOCIATION; DOE INDIVIUTALS 1
through 10, inclusive, and ROE
CORPORATIONS 1 through 10, inclusive,
Defendants.

22
23

Plaintiff WELLS FARGO BANK, N.A and Defendants MEI-GSR HOLDINGS, LLC;

24

GRAND SIERRA RESORT UNIT-OWNERS’ ASSOCIATION, by and through their respective

25

counsel of record, have agreed to extend the time for discovery, extend the time to respond to

26

Plaintiff’s Second Amended Complaint, and the time to respond to Plaintiff’s motion for

27

summary judgment. These extensions are requested in good faith in order to provide time for

28
Page 1 of 3

Case 2:15-cv-00654-GMN-CWH Document 63 Filed 03/14/18 Page 2 of 3

1

this Court to rule on Defendants’ motion for stay which was filed on February 15, 2018, which

2

has now been fully brief.

resolution of the petition for writ certiorari to the United States Supreme Court in Bourne Valley

5

Court Trust v. Wells Fargo Bank, which was ultimately lifted on October 18, 2017. This Court,

6

however, certified the following question to the Nevada Supreme Court: “Whether NRS §

7

116.31168(1)'s incorporation of NRS § 107.090 required a homeowner's association to provide

8

notices of default and/or sale to persons or entities holding a subordinate interest even when such

9

persons or entities did not request notice, prior to the amendments that took effect on Oct 1,

10

2015?” See Bank of New York Mellon v. Star Hill Homeowners Ass'n, Case No. 2:16-CV-02561-

11

RFB-PAL, 2017 WL 1439671, at *5 (D. Nev. Apr. 21, 2017). In an Order filed June 13, 2017,

12
375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

As this Court is aware, this case had been previously stayed pending the final

4

COHEN|JOHNSON|PARKER|EDWARDS

3

the Nevada Supreme Court accepted this certified question. See SFR Investment Pool 1, LLC v.

13

Bank of New York Mellon, Case No. 72931, Order Accepting Certified Question, Directing

14

Briefing, and Directing Submission of Filing Fee, at *1 (Nev. June 13, 2017).

15

In an effort to reduce costs, the parties have engaged in only limited discovery,

16

anticipating that the Nevada Supreme Court would shortly answer the certified question.

17

Plaintiff has sought records from the Alessi & Koenig, LLC, the lien servicer for the HOA. No

18

other discovery has been conducted in order to avoid unnecessary expenses and a waste of the

19

parties’ and the court's time and resources. While the final reply brief in SFR Investment Pool 1,

20

Case No. 72931 was filed on November 28, 2017, the Nevada Supreme Court has not yet

21

answered the certified question and this Court has not yet ruled on Defendants’ motion to stay.

22

The parties have agreed to a limited extension of the discovery deadline and to extend the time to

23

respond to Plaintiffs’ newly amended complaint and newly filed motion for summary judgment

24

in order to afford this Court adequate time to consider Defendants’ motion for stay.

25

The extension of discovery deadline is also warranted because when Plaintiff amended its

26

complaint, Plaintiff add a new party, Defendant DB PRIVATE WEALTH MORTGAGE LTD.

27

DB Private Wealth, however, has not yet been served. Once served, the parties anticipate that

28

DB Private Wealth will wish time to conduct discovery after responding to Plaintiff’s complaint.
Page 2 of 3

Case 2:15-cv-00654-GMN-CWH Document 63 Filed 03/14/18 Page 3 of 3

1

Accordingly, based on the foregoing and for good cause appearing, the Parties, by and through

2

their respective counsel of record, do hereby stipulate and agree as follows:

3
4
5
6
7

1.

The discovery cut-off date shall be extended by ninety-one (91) days, and the

discovery cut-off date shall be Monday, July 16, 2018.
2.

The filing of dispositive motions shall be not later than thirty (30) days after the

discovery cut-off date or Wednesday, August 15, 2018.
3.

The deadline for filing the Joint Pretrial Order shall be thirty (30) days

8

after the Dispositive Motion deadline.

9

deadline for filing the Joint Pretrial Order will be suspended until thirty (30) days after the

11

decision on the dispositive motions or further court order.
4.

The time for Defendants MEI-GSR Holdings, LLC and Grand Sierra Resort Unit-

12
375 E. Warm Springs Road, Ste. 104
Las Vegas, Nevada 89119
[phone] FAX: [phone]

COHEN|JOHNSON|PARKER|EDWARDS

10

In the event dispositive motions are filed, the

Owners’ Association to respond to Plaintiff’s Second Amended Complaint and motion for

13

summary judgement shall be extended and are now due on Monday, April 16, 2018.

14

Dated this 14th day of March 2018.

15
16
17
18
19
20

Dated this 14th day of March 2018.

COHEN|JOHNSON|PARKER|EDWARDS
By: /s/ Chris Davis
H. Stan Johnson, Esq.
Nevada Bar No. 00265
Chris Davis, Esq.
Nevada Bar No. 6616
375 E. Warm Springs Rd., Suite 104
Las Vegas, Nevada 89119
Attorneys for Defendants

_

AKERMAN LLP
By: /s/ Rex D. Garner
_
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Plaintiff

21
22
23
24

ORDER
IT IS SO ORDERED.
March 19, 2018
DATED this
day of

, 2018.

25
26

UNITED STATES JUDGE
MAGISTRATE JUDGE

27
28
Page 3 of 3