Bank of America, N.A. v. Lake Mead Court Homeowners Association et al

Filing 79

ORDER Granting 78 Stipulation to Extend Dispositive Motions Deadline Pending Ruling on Motion for Protective Order (First Request). Signed by Magistrate Judge Nancy J. Koppe on 3/8/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00504-GMN-NJK Document 78 Filed 03/07/18 Page 1 of 3

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for plaintiff and counter-defendant
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing LP f/k/a
Countrywide Home Loans Servicing LP
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER
TO
BAC
HOME
LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP,

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v.

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[FIRST REQUEST]

LAKE MEAD COURT HOMEOWNERS'
ASSOCIATION, SFR INVESTMENTS POOL
1, LLC, AND ALESSI & KOENIG, LLC,
Defendants.

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STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTIONS
DEADLINE PENDING RULING ON
MOTION FOR PROTECTIVE ORDER

Plaintiff,

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Case No.: 2:16-cv-00504-GMN-NJK

SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Counter/Cross Claimant,
vs.
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER
TO
BAC
HOME
LOANS
SERVICING , LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP, and CARLOS
NEVAREZ, an individual,
Counter/Cross-Defendants

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Case 2:16-cv-00504-GMN-NJK Document 78 Filed 03/07/18 Page 2 of 3

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Plaintiff and counter-defendant Bank of America, N.A., successor by merger to BAC Home

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Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP (BANA); defendant Lake Mead

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Court Homeowners Association; and defendant and cross-claimant SFR Investments Pool 1, LLC

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stipulate to extend the dispositive motions deadline until seventy five (75) days after the Court enters

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an order on BANA's motion for protective order, ECF No. 70, as follows:

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1.

BANA filed its complaint on March 8, 2016 asserting a quiet title/declaratory

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judgment claim against all defendants, breach of NRS 116.1113 and wrongful foreclosure claims

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against Lake Mead and Alessi, and an injunction claim against SFR. (ECF No. 1.)

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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2.

The Court entered an initial discovery plan and scheduling order on May 9, 2016,

setting a November 25, 2016 dispositive motions deadline. (ECF No. 25.)
3.

The Court administratively stayed this case pending exhaustion of all appeals in

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Bourne Valley Court Trust v Wells Fargo Bank, N.A., Ninth Cir. Case No. 15-15233 on September

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20, 2016. (ECF No. 56.) The case remained stayed until November 3, 2017. (ECF No. 63.)

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4.

The parties subsequently filed an amended discovery plan and scheduling order on

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December 5, 2017, setting a February 5, 2018 discovery cut-off and a March 7, 2018 dispositive

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motions deadline. (ECF No. 66.) The Court approved the amended discovery plan. (ECF No. 68.)

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5.

SFR noticed BANA's Rule 30(b)(6) deposition on January 2, 2018. (ECF No. 70-1,

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at 12.) BANA initially disputed seven of the thirteen noticed topics. The parties resolved their

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dispute regarding four topics during their meet and confer. BANA moved for a protective order

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regarding the remaining three on January 24, 2018, ECF No. 70, and SFR agreed to hold BANA's

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deposition in abeyance pending a ruling. The parties completed the briefing on BANA's motion on

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February 21, 2018, ECF No. 75, and do not anticipate a ruling before the current March 8, 2018

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dispositive motions deadline.

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6.

To allow time for the Court to rule on BANA's motion for protective order, ECF No.

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70, to allow time to complete BANA's deposition after the Court makes its ruling, and to avoid

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additional Rule 56(d) motions, the parties stipulate to extending the dispositive motions deadline

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until seventy five (75) days from the date the Court enters an order on BANA's motion for protective

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order, ECF No. 70. The parties further stipulate SFR shall have forty five (45) days to complete
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Case 2:16-cv-00504-GMN-NJK Document 78 Filed 03/07/18 Page 3 of 3

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BANA's deposition after the Court enters an order. The parties select these deadlines to allow

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sufficient time to coordinate a deposition and obtain transcripts before filing dispositive motions.

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7.

The parties do not file this stipulation with the intent to delay, but instead to

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streamline the anticipated summary judgment briefing and avoid additional Rule 56(d) motions.

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This the 2nd day of March, 2018.

This the 2nd day of March, 2018.

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AKERMAN LLP

KIM GILBERT EBRON

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/s/ Jamie K. Combs
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1160 Town Center Drive, Suite
Las Vegas, Nevada 89144

/s/ Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for plaintiff and counter-defendant
Bank of America, N.A., successor by merger to
BAC Home Loans Servicing LP f/k/a
Countrywide Home Loans Servicing LP

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This the 2nd day of March, 2018.

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HALL JAFFE & CLAYTON, LLP

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Attorneys for defendant, counterclaimant and
cross-claimant SFR Investments Pool 1, LLC

/s/ Ashlie L. Surur
ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, NV 89128

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Attorneys for Lake Mead Court Homeowners'
Association

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IT IS SO ORDERED.

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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March 8, 2018
DATED:_______________________________

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