Wells Fargo Bank, N.A. v. SFR Investments Pool 1, LLC et al

Filing 62

ORDER. This case is administratively STAYED. IT IS FURTHER ORDERED that pursuant to the Parties joint request in Stipulation 61 the settlement conference is VACATED. IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice. IT IS FURTHER ORDERED that, beginning on 3/15/17, the parties must file a joint status report updating the Court on the status of this case every one-hundred and eighty days. Signed by Chief Judge Gloria M. Navarro on 9/15/2016. (Copies have been distributed pursuant to the NEF - DL) Modified to correct clerical error. NEF regenerated. (ASB)

Case 2:15-cv-00800-GMN-CWH Document 61 Filed 09/14/16 Page 1 of 4

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Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Andrew M. Jacobs, Esq.
Nevada Bar No. 12787
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, NV 89501-1961
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counter Defendant
Wells Fargo Bank, N.A.
UNITED STATES DISTRICT COURT

LAW OFFICES
50 WEST LIBERTY STREET, SUITE 510
RENO, NEVADA 89501
[phone]

Snell & Wilmer
L.L.P.

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DISTRICT OF NEVADA

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WELLS FARGO BANK, N.A., a national
banking association;

Case No.: 2:15-cv-00800-GMN-CWH

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Plaintiff,
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vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited-liability company; FIESTA
DEL NORTE HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation; ALESSI & KOENIG, LLC, a
Nevada limited-liability company;
Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited-liability company,

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Counter Claimant,
vs.
WELLS FARGO BANK, N.A., a national
banking association; EDGAR I. TREYES, an
individual,

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Counter Defendant,
Cross Defendant.

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24839107

STIPULATION AND ORDER TO STAY
CASE AND POSTPONE SETTLEMENT
CONFERENCE
(FIRST REQUEST)

Case 2:15-cv-00800-GMN-CWH Document 61 Filed 09/14/16 Page 2 of 4

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STIPULATION

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Pursuant to Local Rules 6-1 and 7-1, it is hereby stipulated by and between Plaintiff Wells

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Fargo Bank, N.A. (“Wells Fargo”), Defendant and Counter-Claimant SFR Investments Pool 1,

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LLC (“SFR”), Defendant Fiesta Del Norte Homeowners Association (“HOA”), and Defendant

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Alessi & Koenig, LLC (“Alessi”), through their respective attorneys, as follows:
WHEREAS on May 25, 2016, the Court referred this case to the Magistrate Judge for a

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settlement conference pursuant to LR 16-5 (ECF No. 50); and

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WHEREAS on June 20, 2016, the Magistrate Judge issued an Order granting a stipulation

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to continue the settlement conference (ECF No. 55) and setting the settlement conference for

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September 16, 2016; and

LAW OFFICES
50 WEST LIBERTY STREET, SUITE 510
RENO, NEVADA 89501-1961
[phone]

Snell & Wilmer
L.L.P.

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WHEREAS the Ninth Circuit Court of Appeals issued a decision in Bourne Valley Court

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Trust v. Wells Fargo Bank, N.A., 2016 WL 4254983, ___ F.3d ___ (9th Cir. August 12, 2016),

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determining that the statute at issue in this case violated due process; and
WHEREAS a petition for rehearing has been filed and an order for response has been filed

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in Bourne Valley, and no mandate has yet issued in that case,

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Now therefore, the Parties stipulate and agree to stay this litigation and postpone the

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settlement conference pending a resolution of the issues raised in Bourne Valley, which issues

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may impact this case.

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-224839107

Case 2:15-cv-00800-GMN-CWH Document 61 Filed 09/14/16 Page 3 of 4

The stay may be lifted by stipulation of the parties or by motion.

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DATED this 14th day of September, 2016.

DATED this 14th day of September, 2016.

KIM GILBERT EBRON

SNELL & WILMER L.L.P.

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By:

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LAW OFFICES
50 WEST LIBERTY STREET, SUITE 510
RENO, NEVADA 89501-1961
[phone]

Snell & Wilmer
L.L.P.

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By:

/s/ Jacqueline A. Gilbert
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Diana Cline Ebron, Esq.
Nevada Bar No. 10580
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant SFR Investments
Pool 1, LLC

/s/ Wayne Klomp
Amy F. Sorenson, Esq.
Nevada Bar No. 12495
Andrew M. Jacobs, Esq.
Nevada Bar No. 12797
Wayne Klomp, Esq.
Nevada Bar No. 10109
50 West Liberty Street, Suite 510
Reno, Nevada 89501-1961
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Wells Fargo Bank

DATED this 13th day of September, 2016.
ALESSI & KOENIG, LLC

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By:

/s/ Steven T. Loizzi, Jr.
Steven T. Loizzi, Jr., Esq.
Nevada Bar No. 10920
9500 W Flamingo Rd., Ste. 205
Las Vegas, NV 89147
Telephone: [phone]
Facsimile: [phone]
Attorneys for Alessi & Koenig, LLC and Fiesta
Del Norte Homeowners Association

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-324839107

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ORDER

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IT IS HEREBY ORDERED that this case is administratively STAYED pending

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exhaustion of all appeals of Bourne Valley Court Trust v. Wells Fargo Bank, No. 15-15233 (9th

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Cir. Aug. 12, 2016). Once exhaustion occurs, any party may move to lift the stay. Until that

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time, all proceedings in this action are stayed.

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IT IS FURTHER ORDERED that pursuant the Parties’ joint request in Stipulation

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(ECF No. 61), the settlement conference set for September 16, 2016, is hereby VACATED.

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Nevertheless, this Order does not prevent the parties from continuing to engage in settlement

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negotiations with the assistance of the Magistrate Judge.

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IT IS FURTHER ORDERED that all pending motions are DENIED without prejudice
with leave to refile within twenty-one days after the stay is lifted.
IT IS FURTHER ORDERED that current occupant, SFR Investments Pool 1, LLC

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(“SFR”), who purchased the Property at the HOA foreclosure sale, shall care for, preserve, and

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maintain the Property.

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IT IS FURTHER ORDERED that, beginning on March 15, 2017, the parties must file

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a joint status report updating the Court on the status of this case every one-hundred and eighty

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days. Along with the joint status report, SFR shall submit a statement affirming that all

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expenses necessary to maintain the property, including but not limited to, timely and full

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payment of all homeowners association assessments, property taxes, and property insurance

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premiums due and owing or past due at any time during the effective period of this Stay are

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current and up to date.

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DATED this _____ day of September, 2016.
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___________________________________
Gloria M. Navarro, Chief Judge
United States District Judge

Page 1 of 1

Case 2:15-cv-00800-GMN-CWH Document 61 Filed 09/14/16 Page 4 of 4
CERTIFICATE OF SERVICE
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I hereby certify that on September 14, 2016, I electronically filed the foregoing with the
Clerk of Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF
system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF
system, including the following:

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LAW OFFICES
50 WEST LIBERTY STREET, SUITE 510
RENO, NEVADA 89501-1961
[phone]

Snell & Wilmer
L.L.P.

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Howard C. Kim, Esq.
Diana Cline Ebron, Esq.
Jacqueline A. Gilbert, Esq.
Kim Gilbert Ebron
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
[e-mail]
[e-mail]
[e-mail]
Attorneys for SFR Investments Pool 1, LLC
Steven T. Loizzi, Jr., Esq.
Alessi & Koenig, LLC
9500 W. Flamingo Rd., Ste 205
Las Vegas, NV 89147
[e-mail]
Attorneys for
Fiesta Del Norte Homeowners Association
and Alessi & Koenig, LLC

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DATED: September 14, 2016

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/s/ Lara J. Taylor
An Employee of Snell & Wilmer L.L.P.

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-424839107