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

Filing 97

ORDER Granting 96 Stipulation to Continue Deadline. (Proposed Joint Pretrial Order due by 6/2/2017.) Signed by Magistrate Judge Carl W. Hoffman on 4/3/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 BRETT M. COOMBS, ESQ. Nevada Bar No. 12570 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, NV 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: Attorneys for Plaintiff and CounterDefendant Bank of America, N.A. 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA AKERMAN LLP 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 BANK OF AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Case No.: 2:15-cv-01768-JCM-CWH 13 Plaintiff, STIPULATION TO CONTINUE DEADLINE FOR FILING PROPOSED PRE-TRIAL ORDER (Second Request) 14 vs. 15 16 17 SFR INVESTMENTS POOL 1, LLC; DAVYN RIDGE HOMEOWNERS ASSOCATION; THOMAS JESSUP, LLC; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, 18 Defendants. 19 20 21 22 23 24 25 26 27 28 and all related claims. Bank of America, N.A.; SFR Investments Pool 1, LLC; Davyn Ridge Homeowners Association; Thomas Jessup, LLC; and Daunshari Wong-Culotta hereby stipulate for a continuance of the deadline to file the proposed joint pre-trial order. This is the parties' second request for a continuance of this deadline. Counsel for all of the parties personally met and conferred at the office of Bank of America's counsel on March 28, 2017. At this meeting, which lasted nearly two hours, the parties' counsel discussed the various issues relating to the proposed joint pre-trial order and reached agreement that a one-month continuance is in the best interest of the parties and the court. First, there are ongoing 1 1 settlement negotiations between Jessup and Ms. Wong-Culotta and their counsel believe a settlement 2 is possible in the near future. Second, Jessup has requested that Bank of America release its claims 3 against it in exchange for Jessup's disclaimer of interest. Bank of America is currently evaluating 4 that request. Third, Ms. Wong-Culotta had not yet filed her Rule 26 initial disclosures as of the date 5 of the parties' meeting. She has also requested a jury trial for the issues that pertain to her. 6 For these reasons, the parties believe a continuance would further the efficient administration 7 of this case. The issues to be presented at trial would be greatly simplified if (a) Jessup and Ms. 8 Wong-Culotta reach settlement, and/or (b) Bank of America reaches agreement with Jessup. In 9 addition, the parties' counsel need to address Ms. Wong-Culotta's initial disclosures. AKERMAN LLP The parties accordingly stipulate to extend the deadline for the submission of the proposed 11 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 joint pre-trial order to June 2, 2017. This request is made to allow the ongoing settlement talks 12 among Ms. Wong-Culotta, Jessup, and Bank of America to proceed, as the issues to be presented at 13 trial would be narrowed if agreements are reached. This request is not made for purpose of delay. 14 Dated this 31st day of March, 2016. 15 16 AKERMAN LLP KIM GILBERT EBRON 17 /s/ Ariel Stern ARIEL STERN, ESQ. Nevada Bar No. 8276 BRETT M. COOMBS, ESQ. Nevada Bar No. 12570 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 /s/ Diana Cline Ebron DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 KAREN L. HANKS, ESQ. Nevada Bar No. 009578 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 18 19 20 21 22 Attorneys for Bank of America, N.A. 23 Attorneys for SFR Investments Pool 1, LLC 24 25 26 27 28 2 1 LEACH JOHNSON SONG & GRUCHOW MORTENSON & RAFIE 2 /s/ Ryan D. Hastings SEAN L. ANDERSON, ESQ. Nevada Bar No. 7529 RYAN D. HASTINGS, ESQ. Nevada Bar No. 12394 8945 W. Russell Road, Suite 330 Las Vegas, Nevada 89148 Telephone: (702) 538-9074 /s/ Peter Mortenson PETER MORTENSON, ESQ. Nevada Bar No. 5725 10781 West Twain Avenue Las Vegas, Nevada 89135 Telephone: (702) 363-4190 3 4 5 6 7 8 Attorneys for Davyn Ridge Homeowners' Association 9 MARQUIS AURBACH COFFING 10 13 /s/ Patrick McDonnell PATRICK MCDONNELL, ESQ. Nevada Bar No. 13188 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 14 Attorneys for Daunshari Wong-Culotta AKERMAN LLP 11 1160 TOWN CENTER DRIVE, SUITE 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 Attorneys for Thomas Jessup, LLC 12 15 16 IT IS SO ORDERED. 17 April 3 Dated this ___ day of _______________, 2017. 18 19 United Stated District/Magistrate Judge 20 21 22 23 24 25 26 27 28 3

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