Bank of New York Mellon v. Southern Highlands Community Association et al

Filing 7

ORDER Granting 6 Stipulation to Stay Litigation Pending the Resolution of the NRED Mediation. IT IS SO ORDERED that the current 3/29/16 deadline for Defendants to respond to Plaintiff's Complaint be vacated and the litigation be stayed for sixty days from the date of this Order. (See order for details.) Signed by Magistrate Judge Carl W. Hoffman on 3/29/16. (Copies have been distributed pursuant to the NEF - PS)

Case 2:16-cv-00523-JCM-CWH Document 6 Filed 03/28/16 Page 1 of 4

1
2
3
4

ALVERSON, TAYLOR, MORTENSEN & SANDERS
SEETAL TEJURA, ESQ. (#008284)
7401 W. Charleston Boulevard
Las Vegas, Nevada 89117
[phone]
[e-mail]
Attorneys for Defendant
Southern Highlands Community Association

5
6
7
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
*

9
10
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

8

11
12
13

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006OA21, MORTGAGE PASS-THROUGH
CERTIFICATESM SERIES 2006-OA21
Plaintiffs,

14
15
16
17
18

Case No. 2:16-cv-00523-JCM-CWH

STIPULATION AND ORDER TO STAY
LITIGATION PENDING THE
RESOLUTION OF THE NEVADA
REAL ESTATE DIVISION MEDIATION
PROCESS

vs.
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION; GREY SPENCER DR TRUST;
ALESSI & KOENIG, LLC,
Defendants.

19

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff, THE BANK

20

OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE

21

CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA21,

22

MORTGAGE PASS-THROUGH CERTIFICATESM SERIES 2006-OA21, Defendants

23

SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION ("HOA"), and ALESSI &

24

KOENIG, LLC, by and through the respective undersigned counsel of record, that the current
{37927194;1}-

1-

23053-ST
sao stay

Case 2:16-cv-00523-JCM-CWH Document 6 Filed 03/28/16 Page 2 of 4

1

litigation be stayed and the March 29, 2016 deadline for the Defendants to respond to Plaintiff’s

2

Complaint be vacated pending the resolution of the Nevada Real Estate Division (“NRED”)

3

Mediation. The Parties stipulate and agree as follows:

4

1.

5

A claim that relates to the same subject matter of this lawsuit was filed with
NRED on or about July 24, 2015;

6

2.

An NRED mediator has been selected and the parties are in the process of
scheduling the mediation. In that regard, it is anticipated that said mediation will

8

take place in April or May of 2016;

9

3.

Plaintiff filed its Complaint in this matter on March 9, 2016 (Doc. No. 1);

10
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

7

4.

Plaintiff has not yet served its Summons and Complaint upon Defendant GREY

11

SPENCER DR TRUST;

12

5.

13

The HOA asserts the scope and focus of this matter and discovery for any
remaining claims may be affected by the resolution of the NRED mediation; and

14

6.

The Parties desire to avoid the time and cost of engaging in motions and

15

discovery that resolution of the NRED mediation may make unnecessary.

16

Therefore, the undersigned parties stipulate and agree to stay the litigation in this matter

17

for sixty days to allow time for the NRED process to be completed. After the expiration of sixty

18

days from this Order, any remaining parties will submit a stipulation concerning the deadline for

19

filing responsive pleadings to the Complaint.

20

....

21

....

22

....

23

....

24

....
{37927194;1}-

2-

23053-ST
sao stay

Case 2:16-cv-00523-JCM-CWH Document 6 Filed 03/28/16 Page 3 of 4

1

This Stipulation is being submitted in good faith and not for the purpose of causing any

2

undue delay.

3

DATED this 28th day of March, 2016.

DATED this 28th day of March, 2016.

4

ALVERSON, TAYLOR, MORTENSEN &
SANDERS

AKERMAN LLP

___/s/ Seetal Tejura___________________
SEETAL N. TEJURA, ESQ. (#8284)
7401 West Charleston Boulevard
Las Vegas, Nevada 89117
Attorney for Defendant
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION

___/s/ Melanie Morgan__________________
MELANIE MORGAN, ESQ. (#008215)
DARREN T. BRENNER, ESQ. (#008386)
ALLISON R. SCHMIDT, ESQ. (#010743)
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

5
6
7

Attorneys for Plaintiff THE BANK OF NEW
YORK MELLON FKA THE BANK OF NEW
YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT, INC.,
ALTERNATIVE LOAN TRUST 2006-OA21,
MORTGAGE PASS-THROUGH
CERTIFICATESM SERIES 2006-OA21

9
10
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

8

11
12
13

DATED this 28th day of March, 2016.

14

ALESSI & KOENIG, LLC

15

_/s/ Steve Loizzi___________________
STEVE LOIZZI, JR., ESQ. (#10920)
9500 W. Flamingo, Suite 205
Las Vegas, Nevada 89147
Attorney for Defendant
ALESSI & KOENIG, LLC

16
17
18
19

....

20

....

21

....

22

....

23

....

24

....
{37927194;1}-

3-

23053-ST
sao stay

Case 2:16-cv-00523-JCM-CWH Document 6 Filed 03/28/16 Page 4 of 4

1

ORDER

2

IT IS SO ORDERED that the current March 29, 2016 deadline for Defendants to respond

3

to Plaintiff’s Complaint be vacated and the litigation be stayed for sixty days from the date of

4

this Order so the matter may proceed through the NRED mediation process. Within sixty days

5

from the date of this Order, any remaining parties must submit a stipulation to this Court to

6

include a deadline for filing responsive pleadings to the Complaint.

7

March 29, 2016
DATED this ____ day of _________________, 2016.

9
10
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
[phone]

ALVERSON, TAYLOR, MORTENSEN & SANDERS

8
____________________________________
UNITED STATES MAGISTRATE JUDGE /
UNITED STATES DISTRICT COURT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
{37927194;1}-

4-

23053-ST
sao stay