Bank of New York Mellon v. Foreclosure Sales Services, LLC

Filing 63

ORDER granting 62 Stipulation to lift Stay; Signed by Judge Andrew P. Gordon on 2/2/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:15-cv-02087-APG-GWF Document 62 Filed 01/31/18 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Natalie C. Lehman, Esq.
Nevada Bar No. 12995
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, The Bank of New York Mellon (fka The Bank of New York) as Trustee for
the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON (FKA
THE BANK OF NEW YORK) AS TRUSTEE
FOR THE HOLDERS OF THE GE-WMC
ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-2,

Case No.: 2:15-cv-02087-APG-GWF

JOINT REQUEST FOR ORDER TO
PARTIALLY LIFT STAY FOR
PURPOSE OF SETTLEMENT
CONFERENCE

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Plaintiff,

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vs.

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FORECLOSURE SALES SERVICES, LLC, an
unknown and unregistered entity, and NV
FORECLOSURE SERVICES, LLC, a revoked
Nevada Limited Liability Company,

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Defendants.
and
NEVADA NEW BUILDS, LLC,

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Defendant-in-Intervention.

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NEVADA NEW BUILDS, LLC,
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Counterclaimant,

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vs.
THE BANK OF NEW YORK MELLON (FKA
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ORDER

Case 2:15-cv-02087-APG-GWF Document 62 Filed 01/31/18 Page 2 of 3

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THE BANK OF NEW YORK) AS TRUSTEE
FOR THE HOLDERS OF THE GE-WMC
ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-2,

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Counter-Defendant.

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Plaintiff, The Bank of New York Mellon (fka The Bank of New York) as Trustee for the

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Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2 (“Plaintiff”),

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by and through its attorney of record, Natalie C. Lehman, Esq., of the law firm of Wright, Finlay

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& Zak, LLP, and Defendant-in-Intervention, Nevada New Builds, LLC (“Defendant”), by and

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through its attorney of record, Georlen K. Spangler, Esq., of Kung & Brown (collectively, the

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“Parties”), hereby stipulate, agree and request as follows:

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WHEREAS, on November 20, 2017 this Court entered an Order (ECF. No. 61) staying

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the case pending the Supreme Court of Nevada’s answer to the certified question in Bank of New

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York Mellon v. Star Hill Homeowners Association, 2:16-cv-2561-RFB-PAL/Nev. S. Ct. Case

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No. 72931;
WHEREAS, the Parties have recently renewed settlement negotiations and believe a

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settlement conference would facilitate resolution of this case;

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Case 2:15-cv-02087-APG-GWF Document 62 Filed 01/31/18 Page 3 of 3

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NOW WHEREFORE the Parties seek a limited lift of the stay solely for the purposes of
engaging in a settlement conference with Magistrate Foley on March 20, 2018 at 9:00 am.
IT IS SO STIPULATED.

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Respectfully Submitted,

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DATED this 31st day of January, 2018

DATED this 31st day of January, 2018

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WRIGHT, FINLAY & ZAK, LLP

KUNG & BROWN

/s/Natalie C. Lehman
Natalie C. Lehman, Esq.
Nevada Bar No. 12995
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, The Bank of New
York Mellon (fka The Bank of New York) as
Trustee for the Holders of the GE-WMC
Asset-Backed Pass-Through Certificates,
Series 2005-2

/s Georlen K. Spangler
Georlen K. Spangler, Esq.
Nevada Bar No. 3818
214 S. Maryland Parkway
Las Vegas, Nevada 89101
Attorneys for Proposed Defendant-inIntervention, Nevada New Builds, LLC

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ORDER
Based upon the Stipulation between the parties, and good cause appearing,
IT IS HEREBTY ORDERED that the stay of proceedings is hereby lifted, solely to
allow the parties to participate in a settlement conference scheduled for March 20, 2018, in the
United States District Court, with Magistrate Judge Foley.
IT IS SO ORDERED.
2/2/2018
DATED:_______________

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______________________________
DISTRICT COURTDISTRICT JUDGE
UNITED STATES JUDGE

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Respectfully Submitted By:

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WRIGHT, FINLAY & ZAK, LLP
/s/ Natalie C. Lehman
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Natalie C. Lehman, Esq.
Nevada Bar No. 12995
Attorneys for Plaintiff, The Bank of New York Mellon (fka The Bank of New York) as Trustee for
the Holders of the GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-2

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