SFR Investments Pool 1, LLC v. Federal Home Loan Mortgage Corporation et al

Filing 85

ORDER Granting 84 Motion to Excuse Parties from Requirement of Having all Counsel of Record Attend Settlement Conference. Signed by Magistrate Judge Nancy J. Koppe on 10/22/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:15-cv-00806-APG-NJK Document 84 Filed 10/21/20 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar. No. 11015
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Nationstar Mortgage LLC and
Federal Home Loan Mortgage Corporation
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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

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v.

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FEDERAL HOME LOAN MORTGAGE
CORPORATION,
a
government
entity;
NATIONSTAR MORTGAGE, LLC, a foreign
limited liability company; SANDRA SALAS, an
individual; and DOES I through X; and ROE
CORPORATIONS I through X, inclusive,

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Defendants.

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FEDERAL HOME LOAN MORTGAGE
CORPORATION, a government entity; and
NATIONSTAR MORTGAGE, LLC, a foreign
limited liability company;

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Counterclaimants,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; DOES I through X;
and ROE CORPORATIONS I through X,
inclusive,
Counter-Defendants.

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55107143;1

Case No. 2:15-cv-00806-APG-NJK
ORDER GRANTING
JOINT MOTION TO EXCUSE PARTIES
FROM REQUIREMENT OF HAVING
ALL COUNSEL OF RECORD ATTEND
SETTLEMENT CONFERENCE

Case 2:15-cv-00806-APG-NJK Document 84 Filed 10/21/20 Page 2 of 3

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Pursuant to the Court's August 21, 2020 and September 10, 2020 orders regarding the

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upcoming settlement conference, ECF No. 80 and ECF No. 83, Defendants/Counterclaimants

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Federal Home Loan Mortgage Corporation (Freddie Mac) and Nationstar Mortgage LLC, and

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Plaintiff/Counter-Defendant SFR Investments Pool 1, LLC respectfully request the Court excuse the

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parties from being required to have "all counsel of record" in attendance at the settlement conference

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currently scheduled for November 18, 2020 at 9:30 a.m.

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MEMORANDUM OF POINTS AND AUTHORITIES
I.

ARGUMENT.

AKERMAN LLP

The Court's August 21, 2020 order requires "all counsel of record" to "appear for the duration

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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of the settlement conference." (ECF No. 80 at 1.) It also states, "[r]equests for an exception must be

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supported by a compelling justification[.]" (Id. at 2.)

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Freddie Mac and Nationstar collectively have more than one attorney appearing as counsel of

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record on their behalf, as does SFR. The parties request that the Court only require them to each

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have one attorney in attendance at the settlement conference. Melanie D. Morgan, Esq. plans to

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attend the settlement conference on behalf of Freddie Mac and Nationstar and is prepared in good

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faith to attend and negotiate a settlement on their behalf. Diana S. Ebron, Esq. plans to attend the

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settlement conference and is prepared in good faith to attend and negotiate a settlement on behalf of

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SFR. The parties respectfully request that all other counsel of record be excused from the attendance

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requirement set forth in this court's August 21, 2020 order. (ECF No. 80).

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The Court should find a compelling justification exists to excuse all other counsel of record

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besides the two referenced above from attending the settlement conference. Each party has more

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than one attorney1 at their firms listed as counsel of record who have appeared and worked on this

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matter either currently or previously. Many are not actively involved in preparing for the upcoming

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settlement conference, and would not meaningfully contribute to settlement negotiations as a result2.

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Nationstar currently has the following attorneys appearing as counsel of record on the docket: Melanie D.
Morgan, Esq. and Donna Wittig, Esq. SFR has the following attorneys appearing as counsel of record on the
docket: Howard C. Kim, Esq., Diana S. Ebron, Esq., Jacqueline A. Gilbert, Esq., and Karen L. Hanks, Esq.
55107143;1

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Case 2:15-cv-00806-APG-NJK Document 84 Filed 10/21/20 Page 3 of 3

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Requiring 6 attorneys to be in attendance at the November 18, 2020 settlement conference would not

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promote efficiency and is not proportional to the needs of the case.

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II.

CONCLUSION.

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For the foregoing reasons, Nationstar, Freddie Mac, and SFR respectfully request the Court

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excuse all counsel other than Ms. Morgan and Ms. Ebron from attending the November 18, 2020

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settlement conference.

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DATED: October 21, 2020.

DATED: October 21, 2020.

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AKERMAN LLP

KIM GILBERT EBRON

/s/ Melanie D. Morgan
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Diana S. Ebron
DIANA S. EBRON ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for Nationstar Mortgage LLC and
Federal Home Loan Mortgage Corporation

Attorneys for SFR Investments Pool 1, LLC

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ORDER
IT IS SO ORDERED.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE
Case No. 2:15-cv-00806-APG-NJK

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October 22, 2020
DATED: _________________________________

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55107143;1

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