Torno v. Green Tree Servicing, LLC et al

Filing 93

ORDER Granting 92 Stipulation for Extension of Time re 74 Motion for Leave. IT IS ORDERED that Ms. Torno's deadline to file a reply brief in support of her 74 Motion for Leave is extended forty-five (45) days, from 12/23/16 to 2/6/17 . IT IS FURTHER ORDERED that the hearing on 74 the Motion for Leave is RESET from 1/10/17,at 10:30 a.m., to 2/14/17, at 10:00 a.m. IT IS FURTHER ORDERED that 78 the Motion for Sanctions is hereby WITHDRAWN. Signed by Magistrate Judge Peggy A. Leen on 1/11/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:15-cv-01018-APG-PAL Document 92 Filed 01/06/17 Page 1 of 6

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DENNIS L. KENNEDY
Nevada Bar No. 1462
JOSHUA M. DICKEY
Nevada Bar No. 6621
PAUL C. WILLIAMS
Nevada Bar No. 12524
AMANDA L. STEVENS
Nevada Bar No. 13966
BAILEY KENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302
Telephone: [phone]
Facsimile: 702.562.8821
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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[Additional Attorneys on Signature Page]

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Attorneys for Plaintiff Crystal Torno

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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14 CRYSTAL TORNO (a.k.a. CRYSTAL A.
THOMAS-BOLDUC), an individual,
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Plaintiff,
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vs.
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GREEN TREE SERVICING, LLC;
18 NATIONAL DEFAULT SERVICING
CORPORATION; and PREMIER AMERICAN
19 TITLE AGENCY, INC., FANNIE MAE; and
DOES 1-10, inclusive,
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Defendants.
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Case No. 2:15-cv-01018-APG-PAL
STIPULATION AND ORDER:
(1) RESOLVING CRYSTAL TORNO’S MOTION
FOR SANCTIONS [ECF NO. 78]; AND
(2) EXTENDING TIME FOR PLAINTIFF
CRYSTAL TORNO TO FILE HER REPLY IN
SUPPORT OF HER MOTION FOR LEAVE TO
FILE THIRD AMENDED COMPLAINT [ECF
NO. 74] (FOURTH REQUEST).

IT IS HEREBY STIPULATED AND AGREED by and among Plaintiff Crystal Torno (“Ms.

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Torno”), Defendant Green Tree Servicing, LLC (“Green Tree”), Defendant Federal National

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Mortgage Association (“Fannie Mae”), and Defendant National Default Servicing Corporation

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(“National Default”) (collectively, the “Parties”), through their counsel, as follows:

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1.

Whereas, at a July 28, 2016 status conference, the Court—treating Plaintiff’s Status

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Report as a Motion to Compel—ordered Green Tree to “produce 50 random loan files” where Green

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Tree was the servicer of the note, where Green Tree executed the affidavit of authority, and where
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Case 2:15-cv-01018-APG-PAL Document 92 Filed 01/06/17 Page 2 of 6

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the affidavit of authority identified Green Tree as the beneficiary” (the “Order Granting Motion to

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Compel”). (ECF No. 69, Minutes of Proceedings, July 28, 2016 (emphasis added).)

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2.

Whereas, the Parties agreed on a protocol for selecting the 50 random loan files and

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Green Tree ultimately produced copies of the deed of trust, the assignment of the deed of trust to

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Green Tree, and notice of default including the affidavit of authority for each of the 50 random loan

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files.

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3.

Whereas, a dispute arose between the Parties as to whether this production satisfied

the letter and intent of the Court’s Order Granting Motion to Compel.
4.

Whereas, on November 15, 2016, Ms. Torno filed a Motion for Sanctions Against

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Green Tree Servicing, LLC Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) (the “Motion

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for Sanctions”), contending that Green Tree had failed to comply with the Order Granting Motion to

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Compel and claiming that Green Tree was obligated to produce the entirety of all 50 loan files. (See

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ECF No. 78.) Green Tree maintains that it complied with the Order Granting Motion to Compel

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because it provided sufficient documentation to allow Plaintiff to determine if there was a legitimate

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basis for pursuing class certification.

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5.

Whereas, on November 17, 2016, the Court granted the Parties’ Stipulation and Order

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extending the Defendants’ deadline to file their response to Ms. Torno’s Motion for Leave to File

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Third Amended Complaint (ECF No. 74) (the “Motion for Leave”) to November 21, 2016, and

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extending Ms. Torno’s deadline to file her reply in support of her Motion for Leave to December 9,

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2016. (See ECF No. 79.)

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6.

Whereas, on November 22, 2016, the Court granted the Parties’ Stipulation and Order

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extending the Defendants’ deadline to file their response to the Motion for Leave to November 23,

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2016, and extending Ms. Torno’s deadline to file her reply in support of her Motion for Leave to

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December 13, 2016. (See ECF No. 83.)

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7.

Whereas, on December 1, 2016, the Court granted the Parties’ Stipulation and Order

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extending Green Tree’s deadline to file its response to Ms. Torno’s Motion for Sanctions Against

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Green Tree Servicing, LLC Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) (ECF No. 78)

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(the “Motion for Sanctions”) to December 15, 2016. (See ECF No. 88.)
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Case 2:15-cv-01018-APG-PAL Document 92 Filed 01/06/17 Page 3 of 6

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8.

Whereas, on December 8, 2016, the Parties filed a Stipulation and Order: (1)

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Extending Time for Plaintiff Crystal Torno to File Her Reply in Support of Her Motion for Leave to

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File Third Amended Complaint [ECF No. 74] (Third Request); and (2) Extending Time for

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Defendant Green Tree Servicing, LLC to File its Response to Plaintiff Crystal Torno’s Motion for

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Sanctions Against Green Tree Servicing, LLC Pursuant to Federal Rule of Civil Procedure

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37(B)(2)(A) [ECF No. 78] (Second Request). (See ECF No. 89.)

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Whereas, a hearing on the Motion for Leave and the Motion for Sanctions is currently

scheduled for January 10, 2017, at 10:30 a.m. (See ECF No. 79, at 3:6-9.)
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Whereas, the Parties have completed briefing on Fannie Mae and Green Tree’s

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Motion to Strike Class Allegations (“Motion to Strike”), which is now awaiting a ruling from the

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Court. (See ECF No. 70, 75, and 85.)

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The Parties hereby stipulate and agree to resolve the Motion for Sanctions as follows:
(a)

Within three (3) days of entry of the Stipulation and Order, Green Tree will

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provide the assignments from Green Tree to Fannie Mae identified through a reasonable

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review of the fifty (50) random loan files compelled by the Court. (See ECF No. 69).

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Counsel for Green Tree will provide a cover letter with the production representing that

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Green Tree conducted a reasonable review of the fifty (50) random loan files and providing a

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general description of that review process. This cover letter and production shall be deemed

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to satisfy Green Tree’s obligations pursuant to the Court’s Order granting Ms. Torno’s

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Motion to Compel.

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(b)

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Within ten (10) days of entry of the Stipulation and Order, Green Tree will

pay Ms. Torno $750 in attorney’s fees and costs.
(c)

Ms. Torno’s deadline to file a reply brief in support of her Motion for Leave

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(ECF No. 74) will be extended forty-five (45) days, from December 23, 2016 to February 6,

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2017. The purpose of this extension is to enable Ms. Torno to review the documents being

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provided by Green Tree and analyze whether pursuit of class certification is appropriate in

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this matter.

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(d)

Additionally, the Court will hold in abeyance issuing any ruling on the Green

Tree’s Motion to Strike until February 6, 2017.
(e)

The hearing on the Motion for Leave will be extended to a date and time on or

after February 13, 2017 as determined by the Court.
(f)

The Motion for Sanctions will be withdrawn and the hearing for the Motion

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for Sanctions will be vacated.

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DATED this 6th day of January, 201.

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TIFFANY & BOSCO, P.A.

GREENBERG TRAURIG, LLP

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By: /s/ Kevin S. Soderstrom
GREGORY L. WILDE, ESQ.
KEVIN SODERSTROM, ESQ.,
MATTHEW D. DAYTON, ESQ.
212 South Jones Blvd.
Las Vegas, NV 89107
Phone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant National Default
Servicing Corporation

By: /s/ Michael Hogue
MARK E. FERRARIO, ESQ.
JACOB D. BUNDICK, ESQ.
MICHAEL HOGUE, ESQ.
JENNIFER L. GRAY, ESQ. (Admitted Pro Hac Vice)
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, NV 89169
Phone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Green Tree Servicing,
LLC and Federal National Mortgage
Association

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DATED this 6th day of January, 2017.

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BAILEY KENNEDY

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DATED this 6th day of January, 2017.

By: /s/ Paul C. Williams
DENNIS L. KENNEDY
JOSHUA M. DICKEY
PAUL C. WILLIAMS
AMANDA L. STEVENS

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GEORGE H. HAINES
DAVID H. KRIEGER
HAINES & KRIEGER
8985 South Eastern Avenue, Suite 130
Las Vegas, Nevada 89123
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff Crystal Torno

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Case 2:15-cv-01018-APG-PAL Document 92 Filed 01/06/17 Page 5 of 6

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ORDER

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IT IS SO ORDERED:

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1.

Within three (3) days of entry of the Stipulation and Order, Green Tree will provide

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the assignments from Green Tree to Fannie Mae identified through a reasonable review of the fifty

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(50) random loan files compelled by the Court. (See ECF No. 69). Counsel for Green Tree will

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provide a cover letter with the production representing that Green Tree conducted a reasonable

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review of the fifty (50) random loan files and providing a general description of that review process.

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This cover letter and production shall be deemed to satisfy Green Tree’s obligations pursuant to the

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Court’s Order granting Ms. Torno’s Motion to Compel.

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2.

Within ten (10) days of entry of the Stipulation and Order, Green Tree will pay Ms.

Torno seven hundred fifty dollars ($750) in attorney’s fees and costs.

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3.

The Motion for Sanctions (ECF No. 78) is hereby WITHDRAWN.

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4.

The hearing for the Motion for Sanctions is hereby VACATED.

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5.

Ms. Torno’s deadline to file a reply brief in support of her Motion for Leave (ECF

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No. 74) is extended forty-five (45) days, from December 23, 2016 to February 6, 2017.

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6.

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February 6, 2017.

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The Court will STAY issuing any ruling on the Green Tree’s Motion to Strike until

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Case 2:15-cv-01018-APG-PAL Document 92 Filed 01/06/17 Page 6 of 6

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7.

The hearing on the Motion for Leave (ECF No. 74) is RESET from January 10, 2017,

at 10:30 a.m., to February 14, 2017, at 10:00 a.m.

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UNITED STATES MAGISTRATE JUDGE

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Dated:

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Respectfully Submitted by:

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BAILEY KENNEDY

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By: /s/ Paul C. Williams
DENNIS L. KENNEDY
JOSHUA M. DICKEY
PAUL C. WILLIAMS
AMANDA L. STEVENS
HAINES & KRIEGER
GEORGE H. HAINES
DAVID H. KRIEGER
Attorneys for Plaintiff Crystal Torno

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January 11, 2017