Bank of America, N.A. v. Via Valencia/Via Ventura Homeowners Association et al

Filing 49

ORDER that a Telephonic Hearing is set for 9/29/2016 09:30 AM before Magistrate Judge Peggy A. Leen. Counsel are instructed to call Jeff Miller, Courtroom Deputy, at [phone] before 4:00 p.m., 9/27/2016 to indicate the name of the party participating and a telephone number where that party may be reached. The courtroom deputy will initiate the call. Signed by Magistrate Judge Peggy A. Leen on 9/22/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

Case No. 2:16-cv-00274-APG-PAL

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Plaintiff,

ORDER

v.
(Mot Lift Stay and Re-Set SC – ECF No. 44)
VIA VALENCIA/VIA VENTURA
HOMEOWNERS ASSOCIATION, et al.,
Defendants.

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Before the court is Defendant Saticoy Bay LLC Series 9732 Mount Cupertino’s (“Saticoy

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Bay”) Motion to Vacate Stay and Re-Set Settlement Conference (ECF No. 44) The court has

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reviewed the Motion, Plaintiff/Counter Defendant Bank of America, N.A.’s (“BANA”)

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Response (ECF No. 46), and Cross-Defendant Via Valencia/Via Ventura Homeowners

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Association’s (“HOA”) Response (ECF No. 47).

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On July 1, 2016, the undersigned entered an Order (ECF No. 36) granting the parties’

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stipulation to stay discovery pending a settlement conference. The court further scheduled a

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settlement conference in an Order (ECF No. 37) entered July 1, 2016, and set a settlement

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conference for September 14, 2016.

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On August 18, 2016, the District Judge Andrew P. Gordon entered an Order (ECF No.

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42) denying without prejudice the Motion to Dismiss (ECF No. 17), vacating the settlement

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conference, and administratively staying the action until the Ninth Circuit issued the mandate in

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Bourne Valley Court Trust v. Wells Fargo Bank in Case No. 15-15233 (2:13-cv-649-PMP-NJK).

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In the instant motion, Defendant Saticoy Bay requests that the court vacate the stay and

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reset the settlement conference. Saticoy Bay maintains that the only issue remaining in this case

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is a payoff amount which they have been attempting to get since December 2014, but defendant
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has failed to provide. The settlement conference was initially obtained in an attempt to obtain a

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payoff amount and get this case dismissed.

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Plaintiff BANA responds that there is no need for the parties or to court to expend

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resources attending a settlement conference if Saticoy Bay is only seeking a payoff amount as

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BANA provided a payoff statement on August 30, 2016. However, BANA has no objection to

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attending a settlement conference in the next several weeks if its out-of-state counsel can attend

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telephonically. Alternatively, if in-person appearance is required, BANA requests the court set

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out the settlement conference several months from now to allow the parties time to informally

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discuss settlement and coordinate travel schedules.

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The HOA opposes lifting the stay as to conducting further discovery or motion practice

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as it would be contrary to the purpose of the stay, but has no objection to a settlement

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conference. As Saticoy’s request is directed at BANA, the HOA requests that the insurance

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adjuster need not be personally attend the settlement conference. Alternatively, if the insurance

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adjuster’s presence is needed, the HOA requests a couple of months of time for the settlement

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conference.

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Having reviewed and considered the matter,

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IT IS ORDERED that a telephonic hearing is set for 9:30 a.m., September 29, 2016. Counsel

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are instructed to call Jeff Miller, Courtroom Deputy, at [phone] before 4:00 p.m.,

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September 27, 2016, to indicate the name of the party participating and a telephone number

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where that party may be reached. The courtroom deputy will initiate the call.

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Dated this 22nd day of September, 2016.

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___________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE 

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