Bank of America, N.A. v. SFR Investments Pool 1, LLC et al

Filing 103

ORDER granting 100 Stipulation to Continue. IT IS ORDERED that the litigation stay is continued for an additional 90 days. The parties are to file a status report within 90 days of the issuance of this order. IT IS FURTHER ORDERED that the parties shall file a status report by 1/5/2021. Signed by Judge Richard F. Boulware, II on 12/22/2020. (Copies have been distributed pursuant to the NEF - JQC)

Case 2:15-cv-01021-RFB-DJA Document 103 Filed 12/22/20 Page 1 of 3

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
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

AKERMAN LLP

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

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BANK OF AMERICA, N.A.,

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Plaintiff,

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SFR INVESTMENTS POOL 1, LLC;
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION; DOE INDIVIDUALS I-X,
inclusive; and ROE CORPORATIONS I-X,
inclusive;

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JOINT STATUS REPORT
AND

v.
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Case No.: 2:15-cv-01021-RFB-DJA

STIPULATION AND ORDER TO
CONTINUE STAY OF LITIGATION
(SECOND REQUEST)

Defendants.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,

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Counter/Cross Claimant,

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v.

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BANK OF AMERICA, N.A., a national
association;
KB
HOME
MORTGAGE
COMPANY, a foreign corporation; RYAN
MURPHY, an individual,

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Counter/Cross Defendants.

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Bank of America, N.A. (BANA), SFR Investments Pool 1, LLC (SFR), and Southern

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Highlands Community Association (Southern Highlands), by and through their counsel of record,
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Case 2:15-cv-01021-RFB-DJA Document 103 Filed 12/22/20 Page 2 of 3

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stipulate and agree to continue the stay of proceedings for an additional 90 days. In support of this

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stipulation, the parties represent as follows:

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1.

On June 4, 2020, the parties filed a stipulation and order to vacate the dispositive

motion deadline and reinstate the litigation stay for 90 days.

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2.

As part of the stipulation, the parties indicated BANA and SFR had reached a

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settlement in principle, which had been executed, but required additional time for SFR to perform a

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condition precedent to the settlement.

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3.

the potential for settlement.

AKERMAN LLP

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

The parties further noted BANA and Southern Highlands were continuing to explore

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The property in this case is part of a more global settlement between BANA and SFR,

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involving a significant number of cases. Due to the COVID-19 pandemic, the parties to the settlement

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have agreed to extend the time for performance.

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5.

The parties therefore agree to continue the stay of proceedings for 90 days. This will

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afford BANA and SFR additional time to finalize the settlement without incurring extra expenses or

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burdening the court. The parties are aware of the extended time resolving this matter has taken and

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appreciate the court's patience.

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6.

The parties agree any party may move to lift the stay during the 90 days this matter is

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stayed pursuant to this stipulation. The parties further reserve the right to stipulate to lift the stay

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during the 90 days the matter is stayed pursuant to this stipulation.

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Case 2:15-cv-01021-RFB-DJA Document 103 Filed 12/22/20 Page 3 of 3

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7.

This is the parties' second request for a stipulation to continue the stay of proceedings

and is not intended to cause any delay or prejudice to any party.
DATED this 3rd day of September, 2020.

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AKERMAN LLP

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

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AKERMAN LLP

KIM GILBERT EBRON

/s/ Nicholas E. Belay, Esq.
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Diana S. Ebron, Esq.
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

Attorneys for Bank of America, N.A.

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Attorneys for SFR Investments Pool 1, LLC
LIPSON NEILSON P.C.
/s/ Amanda A. Ebert, Esq.
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
AMANDA A. EBERT, ESQ.
Nevada Bar No. 12731
9900 Covington Cross Dr., Ste. 120
Las Vegas, Nevada 89144
Attorneys for Southern Highlands Community
Association

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ORDER

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Based on the foregoing stipulation, IT IS HEREBY ORDERED that the litigation stay is

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continued for an additional 90 days. The parties are to file a status report within 90 days of the issuance

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of this order.
IT IS FURTHER ORDERED that the parties shall file a status report by January 5, 2021.
DATED this ___ day of September, 2020.

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____
UNITED STATES DISTRICT JUDGE
Case No.: 2:15-cv-01021-RFB-DJA

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DATED this 22nd day of December, 2020,
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