Bank of New York Mellon v. Elkhorn Community Association, et al.

Filing 28

ORDER Granting 27 Stipulation Regarding Trial Testimony of Defendant Elkhorn Community Association. IT IS ORDERED that Defendant/Third-Party Plaintiff Elkhorn Community Association shall not be precluded from presenting trial testimony of its own representative as a result of its non-appearance at the 01/12/2016 deposition set for same. Signed by Judge Andrew P. Gordon on 02/02/2016. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:15-cv-01272-APG-PAL Document 27 Filed 02/02/16 Page 1 of 3

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Edward D. Boyack
Nevada Bar No. 005229
BOYACK ORME & TAYLOR
401 N. Buffalo Drive #202
Las Vegas, Nevada 89145
[e-mail]
702.562.3415
702.562.3570 (fax)

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Attorney for Defendant/Third-Party Plaintiff
ELKHORN COMMUNITY ASSOCIATION

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
SUCCESSOR TO JPMORGAN CHASE
BANK, N.A., AS TRUSTEE FOR THE
HOLDERS OF THE MLMI SURG TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2005-AB1,

CASE NO.

Plaintiff,

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vs.

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ELKHORN COMMUNITY ASSOCIATION;
7321 WANDERING STREET TRUST;
DOE INDIVIDUALS I-X, inclusive; and
ROE CORPORATIONS I-X, inclusive,

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Defendants.
_____________________________________

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ELKHORN COMMUNITY ASSOCIATION,
Third-Party Plaintiff,

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vs.

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ANGIUS & TERRY COLLECTIONS, LLC;
DOES I THROUGH X and ROE
CORPORATIONS XI THROUGH XX,

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Third-Party Defendants.

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_____________________________________

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2:15-cv-01272-APG-PAL

STIPULATION AND ORDER
REGARDING TRIAL TESTIMONY
OF DEFENDANT ELKHORN
COMMUNITY ASSOCIATION

Case 2:15-cv-01272-APG-PAL Document 27 Filed 02/02/16 Page 2 of 3

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Plaintiff, The Bank of New York Mellon fka the Bank of New York, as successor to JP

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Morgan Chase Bank, N.A., as Trustee for the Holders of the MLMI Surg Trust, Mortgage Loan

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Asset-backed Certificates, Series 2005-ABI (BNY Mellon), by and through its counsel of record,

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Christine M. Parvan, Esq. of the law firm of Akerman, LLP; Defendant/Third- Party Plaintiff

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Elkhorn Community Association, by and through its counsel of record, Christopher B. Anthony,

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Esq.

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Collection Group, LLC, by and through its counsel of record, Michael McKelleb, Esq., of the

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law firm of Angius & Terry LLP; and Defendant 7321 Wandering Street Trust, by and through

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its counsel of record, Luis A. Ayon, Esq., of the law firm of Maier Gutierrez Ayon, PLLC,

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hereby stipulate regarding Trial Testimony of Defendant Elkhorn Community Association, and

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agree as follows:

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1.

of the law firm Boyack Orme & Taylor; Third-Party Defendants ATC Assessment

That a “non- appearance” was taken by Plaintiff on January 12, 2016 when a

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representative of Defendant, Elkhorn Community Association did not appear for

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deposition.

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2.

That the parties hereto agree that they will take no action to preclude the

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testimony of a NRCP 30(b)(6) deponent from appearing on behalf of Defendant

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Elkhorn Community Association at trial.
ORDER

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COMMUNITY ASSOCIATION shall not be precluded from presenting trial testimony

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/ / its
of / own representative as a result of its non-appearance at the January 12, 2016

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deposition set for same.

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IT IS ORDERED that Defendant/Third-Party Plaintiff ELKHORN

Dated: February 2, 2016.
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______________________________
___
____________________
UNITED STATES DISTRICT JUDGE

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Case 2:15-cv-01272-APG-PAL Document 27 Filed 02/02/16 Page 3 of 3

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DATED this 2nd day of February, 2016.

DATED this 2nd day of February, 2016.

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MAIER GUTIERREZ AYON

BOYACK ORME & TAYLOR

By: /s/Luis A. Ayon
LUIS A. AYON, ESQ.
Nevada Bar No. 9752
400 South Seventh Street, #400
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

By: /s/Christopher B. Anthony_______
CHRISTOPHER B. ANTHONY, ESQ.
Nevada Bar No. 009748
401 N. Buffalo Drive #202
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorney for Defendant 7321 Wandering
Street Trust

Attorney for Defendant/Third-Party
Plaintiff Elkhorn Community Association

AKERMAN LLP

ANGIUS & TERRY LLP

By: /s/ Christine Parvan_________

By: /s/ Michael McKelleb__________

CHRISTINE PARVAN, ESQ.
Nevada Bar No. 10711
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

MICHAEL MCKELLEB
Nevada Bar No. 012040
1120 N. Town Center Drive, Suite 260
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Attorney for Plaintiff

Attorney for Third-Party Defendant
ATC Assessment Collection Group, LLC

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ORDER

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IT IS ORDERED that Defendant/Third-Party Plaintiff ELKHORN COMMUNITY

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ASSOCIATION shall not be precluded from presenting trial testimony of its own representative

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as a result of its non-appearance at the January 12, 2016 deposition set for same.

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DATED: February____, 2016

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_______________________________
UNITED STATES DISTRICT JUDGE

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