Las Vegas Development Group, LLC v. 2014-3 IH Equity Owner, LP et al

Filing 119

ORDER granting 118 Stipulation; Re: 87 Motion for Summary Judgment. Responses due by 4/30/2020. Signed by Judge Gloria M. Navarro on 4/13/2020. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4
5
6
7
8
9

Douglas D. Gerrard, Esq.
Nevada Bar No. 4613
[e-mail]
Fredrick J. Biedermann, Esq.
Nevada Bar No. 11918
[e-mail]
GERRARD, COX & LARSEN
2450 St. Rose Pkwy., Suite 200
Henderson, NV 89074
Telephone: [phone]
Attorneys for Defendants
2014-1 IH Equity Owner, LP
THR Nevada II, LP, THR Property Borrower, LP,
THR Property Guarantor, LP,
THR Property Holdco, LP, and
2014-1 IH Property Holdco, LP
UNITED STATES DISTRICT COURT

2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
[phone]

GERRARD, COX & LARSEN

10

DISTRICT OF NEVADA

11
12

LAS VEGAS DEVELOPMENTAL GROUP, LLC, a
Nevada limited liability company

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

vs.

Plaintiff,

2014-3 IH EQUITY OWNER, LP, a Delaware
limited partnership; BANK OF AMERICA, na,
National Banking Association; MERIDIAN
FORECLOSURE SERVICE, a California
Corporation; ARNOLD DUMLAO, an individual;
JOCELYN DILAG, an individual; THR NEVADA
II, LP, a Delaware limited partnership; THR
PROPERTY BORROWER, LP, a Delaware limited
partnership; THR PROPERTY GUARANTOR, LP,
a Delaware Limited partnership; THR PROPERTY
HOLDCO, LP, a Delaware limited partnership;
2014-3 IH PROPERTY HOLDCO, LP, a Delaware
limited partnership, 2014-1 IH BORROWER, LP, a
Delaware limited partnership; GERMAN
AMERICAN CAPITAL CORPORATION, a
Maryland corporation; DOE individuals I through
XX; and ROE CORPORATIONS I through XX,

Case No.: 2:15-cv-00917-GMN-NJK

STIPULATION TO CONTINUE
RESPONSE DEADLINE TO BANK
OF AMERICA’S MOTION FOR
SUMMARY JUDGMENT
[ECF NO. 87]
THIRD REQUEST

Defendants.

25

Defendants 2014-3 IH BORROWER, LP, a Delaware limited partnership 2014-3 IH

26

EQUITY OWNER, LP, a Delaware limited partnership; THR NEVADA II, LP, a Delaware limited

27

partnership; THR PROPERTY BORROWER, LP, a Delaware limited partnership; THR PROPERTY

28

GUARANTOR, LP, a Delaware Limited partnership; THR PROPERTY HOLDCO, LP, a Delaware

1

limited partnership; and 2014-3 IH PROPERTY HOLDCO, LP, a Delaware limited partnership,

2

(referred to collectively as “Invitation Homes Defendants”) and BANK OF AMERICA, N.A.

3

(“BANA”), by and through their respective counsel of record, do hereby hereby stipulate and agree

4

as follows:

5

1.

WHEREAS, on September 12, 2019, Invitation Homes Defendants filed a Motion for

6

Summary Judgment [ECF No. 86] (the “First Motion”) against Plaintiff Las Vegas Development

7

Group, LLC (“Plaintiff”), arguing that the Court should grant summary judgment in their favor and

8

against the Plaintiff, for various reasons.

9

2.

WHEREAS, on September 12, 2019, BANA filed a Motion for Summary Judgment

2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
[phone]

GERRARD, COX & LARSEN

10

[ECF No. 87] (the “Second Motion”) against Plaintiff Las Vegas Development Group, LLC

11

(“Plaintiff”), arguing the that the Court should grant summary judgment in their favor and against the

12

Plaintiff, for various reasons.

13

3.

WHEREAS, BANA also moved the Court to dismiss the THR Nevada II’s cross-

14

claims, which include claims for unjust enrichment and negligent misrepresentation, as set forth in

15

Sub-Section F of the Second Motion’s Legal Argument Section.

16

4.

WHEREAS, on October 23, 2019, this Court ordered that the parties participate in a

17

settlement conference on January 28, 2020. [ECF No. 100]. The Settlement Conference was later

18

continued to March 6, 2020 by Order of the Court [ECF No. 106] in response to an Unopposed

19

Request To Continue Settlement Conference [ECF No. 105].

20

5.

WHEREAS, on October 28, 2019, BANA and the Invitation Homes Defendants

21

entered into a Stipulation and Order to Stay Proceedings and Brief on BANA’s Motion for Summary

22

Judgment concerning THR Nevada II’s cross-claims. [ECF No. 102].

23

6.

WHEREAS, on February 14, 2020, this Court entered an Order confirming the

24

Stipulation to stay proceedings and briefing on BANA’s Motion For Summary Judgment. The Court

25

further ordered that BANA and the Invitation Homes Defendants file a Joint Status Report on how

26

the parties intend to proceed following the Settlement Conference. [ECF No. 107].

27

7.

WHEREAS, on March 6, 2020, a Settlement Conference was held between the

28
2

1

Plaintiff, BANA and the Invitation Homes Defendants but no settlement was reached with the

2

Plaintiff.

3

8.

4

On March 25, 2020, Plaintiff Las Vegas Development Group filed its Response (ECF

No. 113) to the First Motion and its Response (ECF No. 114) to the Second Motion.
9.

5

On March 25, 2020, this Court entered an Order (ECF No. 115) denying the First

6

Motion and the Second Motion. The Order stated that “BANA shall file its response to Purchaser

7

Defendants’ Motion for Summary Judgment, (ECF No. 86), within fourteen (14) days from entry of

8

this Order.” The Order inadvertently names BANA as the party to respond to a motion for summary

9

judgment as it was BANA that moved to dismiss the THR Nevada II’s cross-claims in the Second

2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
[phone]

GERRARD, COX & LARSEN

10

Motion.
10.

11

Due to confusion that initially arose over the language in the Order and due to

12

issues that have arisen a result of the COVID-19 Coronavirus, the parties stipulate to extend time

13

for THR Nevada II to file its Limited Response to BANA’s Motion for Summary Judgment up to

14

and including April 30, 2020.

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
3

1

11.

2

Dated this 8th day of April, 2020.

Dated this 8th day of April, 2020.

3

GERRARD COX LARSEN

AKERMAN, LLP

4

/s/ Douglas D. Gerrard, Esq.

5

Douglas D. Gerrard, Esq. (4613)
Fredrick J. Biedermann, Esq. (11918)
2450 Saint Rose Pkwy., Suite 200
Henderson, NV 89074
Attorneys for Defendants /Crossclaimants
THR Nevada II, THR Property Borrower
THR Property Guarantor, THR Property
Holdco and 2014-1 IH Property Holdco

/s/ Scott R. Lachman, Esq.
________________________________
Darren T. Brenner, Esq. (8386)
Scott R. Lachman, Esq. (12016)
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Defendant, Cross-Defendant
Bank of America, N.A.

6
7
8
9

This Stipulation is made in good faith and not for purpose of delay.

Dated this 8th day of April, 2020.

2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
[phone]

GERRARD, COX & LARSEN

10

HUTCHISON & STEFFEN, PLLC

11

/s/ Matthew K. Schriever, Esq.
_______________________________
John T. Steffen (4390)
Matthew K. Schriever (10745)
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, NV 89145
Attorneys for Defendant 2014-3 IH Borrower

12
13
14
15
16
17
18
19
20
21

ORDER
IT IS HEREBY ORDERED that the above Stipulation to Continue Response Deadline
to Bank of America’s Motion for Summary Judgment Concerning THR Nevada II's Cross-claims
Against BANA (ECF No. 118) until April 30, 2020 is GRANTED.
13
Dated this ____ day of April, 2020.

22

____________________________
Gloria M. Navarro, District Judge
United States District Court

23
24
25
26
27
28
4

1
2

CERTIFICATE OF SERVICE
I hereby certify that I am an employee of GERRARD COX LARSEN, and that on the 8th

3

day of April, 2020 and pursuant to Fed. R. Civ. P. 5, I e-served a true and correct copy of the

4

STIPULATION TO CONTINUE RESPONSE DEADLINE TO BANK OF AMERICA’S

5

MOTION FOR SUMMARY JUDGMENT via the Federal Courts CM/ECF Filing System, and

6

served the following parties addressed as follows:

7
8
9

2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
[phone]

GERRARD, COX & LARSEN

10
11
12
13
14
15
16
17

Roger Croteau, Esq.
Timothy Rhoda, Esq.
ROGER P. CROTEAU & ASSOCIATES, LTD.
Email: [e-mail]
Attorney for Plaintiff
Las Vegas Development Group, LLC
Matthew K. Schriever, Esq.
HUTCHISON & STEFFEN
Email: [e-mail]
Attorneys for Defendants,
2014-3IH BORROWER, LP
Darren T. Brenner, Esq.
Scott Lachman, Esq.
AKERMAN, LLP.
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Bank of America, N.A.

18
19
20
21
22
23
24
25
26
27
28
5