Las Vegas Development Group, LLC v. 2014-3 IH Equity Owner, LP et al
Filing
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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)
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Douglas D. Gerrard, Esq.
Nevada Bar No. 4613
dgerrard@gerrard-cox.com
Fredrick J. Biedermann, Esq.
Nevada Bar No. 11918
fbiedermann@gerrard-cox.com
GERRARD, COX & LARSEN
2450 St. Rose Pkwy., Suite 200
Henderson, NV 89074
Telephone: (702) 796-4000
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
(702) 796-4000
GERRARD, COX & LARSEN
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DISTRICT OF NEVADA
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LAS VEGAS DEVELOPMENTAL GROUP, LLC, a
Nevada limited liability company
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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.
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Defendants 2014-3 IH BORROWER, LP, a Delaware limited partnership 2014-3 IH
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EQUITY OWNER, LP, a Delaware limited partnership; THR NEVADA II, LP, a Delaware limited
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partnership; THR PROPERTY BORROWER, LP, a Delaware limited partnership; THR PROPERTY
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GUARANTOR, LP, a Delaware Limited partnership; THR PROPERTY HOLDCO, LP, a Delaware
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limited partnership; and 2014-3 IH PROPERTY HOLDCO, LP, a Delaware limited partnership,
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(referred to collectively as “Invitation Homes Defendants”) and BANK OF AMERICA, N.A.
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(“BANA”), by and through their respective counsel of record, do hereby hereby stipulate and agree
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as follows:
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1.
WHEREAS, on September 12, 2019, Invitation Homes Defendants filed a Motion for
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Summary Judgment [ECF No. 86] (the “First Motion”) against Plaintiff Las Vegas Development
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Group, LLC (“Plaintiff”), arguing that the Court should grant summary judgment in their favor and
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against the Plaintiff, for various reasons.
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2.
WHEREAS, on September 12, 2019, BANA filed a Motion for Summary Judgment
2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
(702) 796-4000
GERRARD, COX & LARSEN
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[ECF No. 87] (the “Second Motion”) against Plaintiff Las Vegas Development Group, LLC
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(“Plaintiff”), arguing the that the Court should grant summary judgment in their favor and against the
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Plaintiff, for various reasons.
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3.
WHEREAS, BANA also moved the Court to dismiss the THR Nevada II’s cross-
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claims, which include claims for unjust enrichment and negligent misrepresentation, as set forth in
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Sub-Section F of the Second Motion’s Legal Argument Section.
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4.
WHEREAS, on October 23, 2019, this Court ordered that the parties participate in a
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settlement conference on January 28, 2020. [ECF No. 100]. The Settlement Conference was later
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continued to March 6, 2020 by Order of the Court [ECF No. 106] in response to an Unopposed
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Request To Continue Settlement Conference [ECF No. 105].
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5.
WHEREAS, on October 28, 2019, BANA and the Invitation Homes Defendants
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entered into a Stipulation and Order to Stay Proceedings and Brief on BANA’s Motion for Summary
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Judgment concerning THR Nevada II’s cross-claims. [ECF No. 102].
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6.
WHEREAS, on February 14, 2020, this Court entered an Order confirming the
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Stipulation to stay proceedings and briefing on BANA’s Motion For Summary Judgment. The Court
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further ordered that BANA and the Invitation Homes Defendants file a Joint Status Report on how
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the parties intend to proceed following the Settlement Conference. [ECF No. 107].
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7.
WHEREAS, on March 6, 2020, a Settlement Conference was held between the
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Plaintiff, BANA and the Invitation Homes Defendants but no settlement was reached with the
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Plaintiff.
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8.
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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.
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On March 25, 2020, this Court entered an Order (ECF No. 115) denying the First
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Motion and the Second Motion. The Order stated that “BANA shall file its response to Purchaser
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Defendants’ Motion for Summary Judgment, (ECF No. 86), within fourteen (14) days from entry of
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this Order.” The Order inadvertently names BANA as the party to respond to a motion for summary
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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
(702) 796-4000
GERRARD, COX & LARSEN
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Motion.
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Due to confusion that initially arose over the language in the Order and due to
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issues that have arisen a result of the COVID-19 Coronavirus, the parties stipulate to extend time
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for THR Nevada II to file its Limited Response to BANA’s Motion for Summary Judgment up to
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and including April 30, 2020.
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Dated this 8th day of April, 2020.
Dated this 8th day of April, 2020.
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GERRARD COX LARSEN
AKERMAN, LLP
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/s/ Douglas D. Gerrard, Esq.
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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.
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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.
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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
(702) 796-4000
GERRARD, COX & LARSEN
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HUTCHISON & STEFFEN, PLLC
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/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
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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.
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Dated this ____ day of April, 2020.
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____________________________
Gloria M. Navarro, District Judge
United States District Court
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CERTIFICATE OF SERVICE
I hereby certify that I am an employee of GERRARD COX LARSEN, and that on the 8th
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day of April, 2020 and pursuant to Fed. R. Civ. P. 5, I e-served a true and correct copy of the
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STIPULATION TO CONTINUE RESPONSE DEADLINE TO BANK OF AMERICA’S
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MOTION FOR SUMMARY JUDGMENT via the Federal Courts CM/ECF Filing System, and
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served the following parties addressed as follows:
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2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074
(702) 796-4000
GERRARD, COX & LARSEN
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Roger Croteau, Esq.
Timothy Rhoda, Esq.
ROGER P. CROTEAU & ASSOCIATES, LTD.
Email: croteaulaw@croteaulaw.com
Attorney for Plaintiff
Las Vegas Development Group, LLC
Matthew K. Schriever, Esq.
HUTCHISON & STEFFEN
Email: mschriever@hutchlegal.com
Attorneys for Defendants,
2014-3IH BORROWER, LP
Darren T. Brenner, Esq.
Scott Lachman, Esq.
AKERMAN, LLP.
Email: ariel.stern@akerman.com
Email: darren.brenner@akerman.com
Attorneys for Defendant Bank of America, N.A.
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