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

Filing 68

ORDER Granting 66 Second Stipulation for Extension of Time Re: 53 Amended Complaint and 62 Motion for Partial Summary Judgment. Grand Sierra Resort Unit-Owners' Association and MEI-GSR Holdings, LLC's answer and response due 4/30/2018. Signed by Chief Judge Gloria M. Navarro on 4/19/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-00654-GMN-CWH Document 66 Filed 04/16/18 Page 1 of 3

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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

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DISTRICT OF NEVADA

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

COHEN|JOHNSON|PARKER|EDWARDS

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

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Plaintiff,

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STIPULATION AND [PROPOSED] ORDER
TO EXTEND THE TIME TO RESPOND
(Second Request)

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

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.

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

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

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counsel of record, have agreed to extend the time to respond to Plaintiff’s Second Amended

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Complaint, and the time to respond to Plaintiff’s motion for summary judgment.

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extensions are requested in good faith in order to provide time for this Court to rule on

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Page 1 of 3

These

Case 2:15-cv-00654-GMN-CWH Document 66 Filed 04/16/18 Page 2 of 3

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Defendants’ motion for stay which was filed on February 15, 2018, which has now been fully

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brief.

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

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

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

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

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

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

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

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

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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

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COHEN|JOHNSON|PARKER|EDWARDS

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

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

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

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While the final reply brief in SFR Investment Pool 1, Case No. 72931 was filed on

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November 28, 2017, the Nevada Supreme Court has not yet answered the certified question and

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this Court has not yet ruled on Defendants’ motion to stay. The parties have agreed to extend the

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

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

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

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

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//

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//

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//

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//

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//

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//

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//
Page 2 of 3

Case 2:15-cv-00654-GMN-CWH Document 66 Filed 04/16/18 Page 3 of 3

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1.

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

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

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summary judgement shall be extended and are now due on Monday, April 30, 2018.

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Dated this 16th day of April 2018.

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COHEN|JOHNSON|PARKER|EDWARDS
By: /s/ H. Stan Johnson
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

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AKERMAN LLP
By: /s/ Rex D. Garner
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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

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

COHEN|JOHNSON|PARKER|EDWARDS

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Dated this 16th day of April 2018.

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ORDER
IT IS SO ORDERED.
DATED this

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day of April, 2018.

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Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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