The Bank Of New York Mellon v. Nevada Association Services, Inc. et al

Filing 82

ORDER Granting 81 Notice Request for Exception. Signed by Magistrate Judge Brenda Weksler on 10/8/2019. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-00370-APG-BNW Document 81 Filed 10/04/19 Page 1 of 3

1
2
3
4
5
6
7

LEACH KERN GRUCHOW ANDERSON SONG
SEAN L. ANDERSON
Nevada Bar No. 7259
RYAN D. HASTINGS
Nevada Bar No. 1239
[e-mail]
[e-mail]
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant Parkside
Village Homeowners’ Association

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

LEACH KERN GRUCHOW ANDERSON SONG

10

THE BANK OF NEW YORK MELLON,

11

Plaintiff,

12

vs.

13

16

NEVADA ASSOCIATION SERVICES,
INC.; PARKSIDE VILLAGE
HOMEOWNERS’ ASSOCIATION;
WILLISTON INVESTMENT GROUP LLC;
DOES I through X, INCLUSIVE AND ROE
CORPORATIONS I THROUGH X,
INCLUSIVE,

17

Case No.: 2:16-cv-00370-APG-BNW

Defendants.

14
15

REQUEST FOR EXCEPTION

18
19

Pursuant to this Court’s August 6, 2019 Order Scheduling Settlement Conference,

20

Defendant Parkside Village Homeowner’s Association (“Association”) respectfully request an

21

exception to the Settlement Conference Attendance requirements.

22

The Association is insured pursuant to a policy of insurance by Great American

23

Insurance Group. The insurance policy provides only for the Association’s cost of defense in

24

this matter. As such, Great American is not required to cover any settlement amounts which may

25

be agreed to at the upcoming settlement conference. Additionally, counsel for the Association

26

and a representative from the Association’s Board of Directors will be in attendance with any

27

settlement authority Great American may chose to authorize. Therefore, any potential resolution

28

at the settlement conference will not be adversely affected by the absence of a Great American

Case 2:16-cv-00370-APG-BNW Document 81 Filed 10/04/19 Page 2 of 3

1

representative at the settlement conference. For these reasons, the Association respectfully

2

requests an exemption from the attendance requirements as set fort in this Court’s August 6,

3

2019 Order Scheduling a Settlement Conference.

4
5

DATED this 4th day of October, 2019.
LEACH KERN GRUCHOW ANDERSON SONG

6
7
8
9
2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

LEACH KERN GRUCHOW ANDERSON SONG

10
11

/s/ Ryan D. Hastings
Sean L. Anderson
Nevada Bar No. 7259
Ryan D. Hastings
Nevada Bar No. 12394
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Attorneys for Defendant Parkside Village
Homeowners’ Association

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

Case 2:16-cv-00370-APG-BNW Document 81 Filed 10/04/19 Page 3 of 3

1

CERTIFICATE OF SERVICE

2

Pursuant to FRCP 5(b), the undersigned, an employee of LEACH KERN GRUCHOW

3

ANDERSON SONG, hereby certified that on the 4th day of October, 2016, she served a true and

4

correct copy of the foregoing, REQUEST FOR EXCEPTION to all parties via CM/ECF.

5
6
7
8
9

Natalie Winslow, Esq.
AKERMAN, LLP
1635 Village Center Circle, #200
Las Vegas, NV 89134
[e-mail]
Attorney for Bank of New York Mellon

Luis A. Ayon, Esq.
AYON LAW, PLLC
8716 Spanish Ridge Avenue, #115
Las Vegas, NV 89148
Phone: [phone]
[e-mail]
Attorney for Williston Investment Group, LLC

2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

LEACH KERN GRUCHOW ANDERSON SONG

10
11
12
13
14
15

/s/ Yalonda Dekle
An employee of LEACH KERN GRUCHOW
ANDERSON SONG

16
17
18
19
20
21
22
23
24
25
26
27
28
-3-

Case 2:16-cv-00370-APG-BNW Document 81-1 Filed 10/04/19 Page 1 of 1

1
2
3
4
5
6
7

LEACH KERN GRUCHOW ANDERSON SONG
SEAN L. ANDERSON
Nevada Bar No. 7259
RYAN D. HASTINGS
Nevada Bar No. 1239
[e-mail]
[e-mail]
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant Parkside
Village Homeowners’ Association

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

LEACH KERN GRUCHOW ANDERSON SONG

10

THE BANK OF NEW YORK MELLON,

11

Case No.: 2:16-cv-00370-APG-BNW

Plaintiff,

12

vs.

13

16

NEVADA ASSOCIATION SERVICES,
INC.; PARKSIDE VILLAGE
HOMEOWNERS’ ASSOCIATION;
WILLISTON INVESTMENT GROUP LLC;
DOES I through X, INCLUSIVE AND ROE
CORPORATIONS I THROUGH X,
INCLUSIVE,

17

Defendants.

14
15

ORDER

18
19
20

THIS MATTER having come before the Court on a Request for Exemption and good
cause appearing,

21

IT IS HEREBY ORDERED that a representative from the Association’s insurance

22

carrier, Great American Insurance Group, will not be required to attend the settlement

23

conference currently scheduled to take place on October 29, 2019.

24

8th
DATED this ______ day of October, 2019.

25
26
27
28

U.S. MAGISTRATE JUDGE WEKSLER