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

Filing 131

ORDER granting 130 Stipulation; Re: 87 Motion for Summary Judgment. Replies due by 6/18/2020. Signed by Judge Gloria M. Navarro on 6/9/2020. (Copies have been distributed pursuant to the NEF - JM)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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

AKERMAN LLP

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

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Plaintiff,
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vs.

Case No.: 2:15-cv-00917-GMN-NJK
STIPULATION TO EXTEND REPLY
DEADLINE IN SUPPORT OF BANK OF
AMERICA, N.A.'S MOTION FOR
SUMMARY JUDGMENT

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2014-3 IH EQUITY OWNER, LP, a Delaware
limited partnership; BANK OF AMERICA, NA,
a National Banking Association; MERIDIAN
FORECLOSURE SERVICE, a California
corporation; 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; 2014-3 IH
BORROWER, LP, a Delaware limited
partnership; GERMAN AMERICAN CAPITAL
CORPORATION, a Maryland corporation;
CHRISTIANA TRUST, an unknown business
entity; DOE individuals I through XX; and ROE
CORPORATIONS I through XX,

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(SECOND REQUEST)

Defendants.

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Bank of America, N.A. (BANA) and THR Nevada II, LP (THR2), 2014-3 IH Borrower,

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2014-13 IH Equity Owner, LP, THR Property Borrower, LP, THR Property Guarantor, LP, THR

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Property Holdco, LP, and 2014-3 IH Property Holdco, LP (the THR and IH entities collectively,

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THR entities) stipulate to extend BANA's deadline to reply to its summary judgment motion by one

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week. [ECF No. 87].

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BANA filed its summary judgment motion on September 12, 2019. [Id.]. After several

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extensions and a settlement conference, the THR entities filed its response to the motion on May 7,

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2020. [ECF No. 126]. BANA's reply is presently due on June 11, 2020. [ECF No. 128]. If allowed

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a one-week extension, the deadline to reply would be June 18, 2020. This is the second request to

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extend this deadline.

dual NRS 116 and 107 sales, including statute of limitations and alternative claims brought by 107-

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purchasers against financial institutions. Compounding these issues is the fact both BANA and the

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THR entities want the same outcome in this litigation: ownership vested in THR2's favor. Despite

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best efforts, BANA is unable to finalize the summary judgment reply by the present deadline as a

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AKERMAN LLP

Good cause exists to extend this deadline due to the complex and novel issues surrounding

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

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result of these complex and novel issues. No party will be prejudiced by a one-week extension.

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Dated June 10, 2020.

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AKERMAN LLP

GERRARD, COX & LARSEN

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/s/ Scott R. Lachman
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Frederick J. Biedermann
DOUGLAS D. GERRARD, ESQ.
Nevada Bar No. 4613
FREDERICK J. BIEDERMANN, ESQ.
Nevada Bar No. 11918
2450 St. Rose Parkway, Suite 200
Henderson, Nevada 89074

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Attorneys for Bank of America, N.A.

Attorneys for 2014-13 IH Equity Owner, LP,
THR Nevada II, LP, THR Property Borrower,
LP, THR Property Guarantor, LP, THR Property
Holdco, LP, and 2014-3 IH Property Holdco, LP

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ORDER

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IT IS HEREBY ORDERED that the above stipulation to extend reply deadline in support of
Bank of America, N.A.'s motion for summary judgment until June 18, 2020 is GRANTED.
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Dated this ____ day of June, 2020.

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Gloria M. Navarro, District Judge
United States District Court