Bank of America, N.A. v. Madeira Canyon Homeowners' Association et al

Filing 72

ORDER Granting 69 Stipulation to Extend Stay of Litigation. Signed by Judge Richard F. Boulware, II on 6/11/2020. (Copies have been distributed pursuant to the NEF - JQC)

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-Mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-Mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-Mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Telephone: [phone]
Facsimile: [phone]
Attorney for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
BANK OF AMERICA, N.A.,

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[phone] FAX [phone]

KIMGILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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Plaintiff,

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vs.

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Case No.: 2:16-cv-00656-RFB-DJA
NOTICE OF SETTLEMENT AND
STIPULATION AND ORDER TO
EXTEND STAY OF LITIGATION

MADEIRA CANYON HOMEOWNERS’
ASSOCIATION; NEVADA ASSOCIATION
SERVICES, INC.; and SFR INVESTMENTS
POOL 1, LLC,

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Defendants.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counterclaimant/Cross-Claimant,

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vs.

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BANK OF AMERICA, N.A.; and NEIL R.
KING, an individual,

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Counter-Defendant/Cross-Defendant.

PLEASE TAKE NOTICE that Bank of America, N.A. (“BANA”) and SFR Investments
Pool 1, LLC (“SFR”) have reached a global settlement in principal on multiple properties,

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including the Property at issue in this case. The settlement will resolve all claims between BANA
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and SFR.
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BANA and SFR have agreed to stay the litigation for ninety (90) days to allow additional

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time to finalize settlement. This will also provide an opportunity for BANA to discuss the

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potential for settlement as to its claims against Madeira Canyon Homeowners Association (the

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“Association”).

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Accordingly, BANA, SFR and the Association (collectively the “Parties”) are submitting

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the instant Stipulation and Order seeking to extend the already existing stay of litigation in this

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matter.

reconsideration in the case Bank of America, N.A. v. Thomas Jessup, LLC Series VII. [ECF No.

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63.] The Minute Order set a deadline of 30 days after the stay was lifted for refiling dispositive

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[phone] FAX [phone]

administratively stayed pending the result of the Nevada Supreme Court’s order of en banc

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KIMGILBERT EBRON

Pursuant to a Minute Order in Chambers issued on October 17, 2019, this case was

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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motions. [ECF No. 63.] The Nevada Supreme Court issued its Order of en banc reconsideration

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on May 7, 2020. Bank of America, N.A. v. Thomas Jessup, LLC Series VII, 462 P.3d 255 (Nev.

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2020) (unpublished disposition), thereby resolving that issue. While the issuance of the Order did

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not automatically lift the stay in this case, in an abundance of caution, the Parties hereby stipulate

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to vacate the dispositive motion deadline set by the Court’s October 7, 2019, Order, and stipulate

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to extend the stay of litigation for ninety (90) days to allow additional time to finalize settlement.

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…

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…
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The Parties further request the court set a deadline for filing a status report regarding the

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settlement for ninety (90) days from entry of this Stipulation and Order. This request to stay is

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being made in the interest of preserving judicial resources and, as set forth above, to allow

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additional time to finalize settlement. The Parties reserve the right to move to lift the stay and

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reinstate deadlines before the ninety (90) days if any of them choose to do so.

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[phone] FAX [phone]

KIMGILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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DATED this 5th day of June, 2020.

DATED this 5th day of June, 2020.

KIM GILBERT EBRON

AKERMAN LLP

/s/ Jacqueline A. Gilbert
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
E-mail: [e-mail]
Attorneys for SFR Investments Pool 1, LLC

/s/ Holly E. Walker
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Bank of America, N.A.

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DATED this 5th day of June, 2020.
LIPSON NEILSON P.C.
/s/ Amber M. Williams
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
AMBER M. WILLIAMS, ESQ
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Madeira Canyon Homeowners
Association

ORDER

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IT IS SO ORDERED.
DATED: ________________
________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
________________________________
United Stated District Court Judge
DATED this 11th day of June, 2020.
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