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

Filing 99

ORDER Granting 98 Motion to Extend Time. (Proposed Joint Pretrial Order due by 6/30/2017.) Signed by Magistrate Judge Carl W. Hoffman on 6/5/17. (Copies have been distributed pursuant to the NEF - ADR)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12570
JESSE A. RANSOM, ESQ.
Nevada Bar No. 13565
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
Bank of America, N.A.

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UNITED STATES DISTRICT COURT

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A., successor by
merger to BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP
Plaintiff,

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vs.
SFR INVESTMENTS POOL 1, LLC; DAVYN
RIDGE
HOMEOWNERS
ASSOCATION;
THOMAS
JESSUP,
LLC;
DOE
INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,

and all related claims.
Bank of America, N.A., SFR Investments Pool 1, LLC, Davyn Ridge Homeowners

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JOINT
MOTION
TO
CONTINUE
DEADLINE FOR FILING PROPOSED
PRE-TRIAL ORDER

Defendants.

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Case No.: 2:15-cv-01768-JCM-CWH

Association, Thomas Jessup, LLC, and Daunshari Wong-Culotta hereby jointly move for a
continuance of the deadline to file the joint pre-trial order. This is the third request for a continuance
of this deadline.
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I. PROCEDURAL HISTORY

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This case is one of several hundred in Nevada arising from the purchase of a property at a

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homeowners' association's non-judicial foreclosure sale. The parties in this matter filed dispositive

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motions on their various claims. The Court on February 14, 2017, denied all pending dispositive

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motions and ordered that a pre-trial order be filed on or before March 16, 2017 [88].

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Two days before the proposed pre-trial order was due Third Third-party defendant Dunshari

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Wong Culotta filed a motion to alter or amend order ECF No. 88 pursuant to Rule 59(e). On March

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16, 2017 the parties filed a joint motion continue the deadline to file the pre-trial order so that the

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Court could decide the motion to alter or amend [91]; the Court granted that motion the following

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day and set the deadline to March 31, 2017 [92].

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Counsel for all of the parties personally met and conferred at the office of Bank of America's

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counsel on March 28, 2017. At this meeting, which lasted nearly two hours, the parties' counsel

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discussed the various issues relating to the proposed joint pre-trial order and reached agreement that

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a continuance was in the best interest of the parties and the court. Additionally, the several of the

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parties began settlement discussions, which if successful, would narrow the issues at trial. Thus, on

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March 31, 2017, the parties filed the second request to continue the deadline for filing the proposed

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pre-trial order [96]; the Court granted that request and set the new deadline to June 2, 2017 [97].

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II. GOOD CAUSE EXISTS TO CONTINUE THE DEADLINE

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Since March 31, 2017, the parties engaged in settlement have made significant progress to

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resolve the claims between them, however, the parties believe that additional time to complete the

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proposed pre-trial order is still warranted.

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First, there continue to be ongoing settlement negotiations between Jessup and Ms. Wong-

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Culotta and their counsel have reached a an agreement in principle on the material terms. During this

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time Ms. Wong-Cullota and Jessup have been attempting to reach a global settlement involving this

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and other disputes outside this litigation. The complex nature of the various disputes required

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additional time. Second, Jessup has requested that Bank of America release its claims against it in

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exchange for Jessup's disclaimer of interest. Now that Ms. Wong-Cullota and Jessup have reached

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an agreement in principle, Bank of America needs additional time to discuss the terms of settlement

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with Jessup and the potential impact on the trial.

of this case. The issues to be presented at trial would be greatly simplified if (a) Jessup and Ms.

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AKERMAN LLP

For these reasons, the parties believe a continuance would further the efficient administration

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1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Wong-Culotta reach settlement, and/or (b) Bank of America reaches agreement with Jessup. The

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parties will have additional time to fully and carefully prepare the pre-trial order to address the

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remaining issues in this case, which will allow the court to more efficiently try this matter. The

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parties have made a good-faith effort to resolve the various claims, and no party will be prejudice by

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the requested extension. This request is not made for purpose of delay or to prejudice any party.

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The parties accordingly move to extend the deadline for the submission of the proposed joint
pre-trial order to June 30, 2017.
Dated this 2nd day of June, 2017.

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AKERMAN LLP

MARQUIS AURBACH COFFING
/s/ Patrick McDonnell, Esq.
PATRICK MCDONNELL, ESQ.
Nevada Bar No. 13188
10001 Park Run Drive
Las Vegas, Nevada 89145
Telephone: [phone]
Attorneys for Daunshari Wong-Culotta

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/s/ Jesse A. Ransom, Esq.
ARIEL STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
JESSE A. RANSOM, ESQ.
Nevada Bar No. 13565
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]

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Attorneys for Bank of America, N.A.

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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LEACH JOHNSON SONG & GRUCHOW

MORTENSON & RAFIE

/s/ Ryan D. Hastings, Esq.
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: [phone]

/s/ Peter Mortenson, Esq.
PETER MORTENSON, ESQ.
Nevada Bar No. 5725
10781 West Twain Avenue
Las Vegas, Nevada 89135
Telephone: [phone]
Attorneys for Thomas Jessup, LLC

Attorneys for Davyn Ridge Homeowners'
Association
KIM GILBERT EBRON

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/s/ Karen L. Hanks, Esq.
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: [phone]

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Attorneys for SFR Investments Pool 1, LLC

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June 5, 2017

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