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

Filing 74

ORDER Continuing Stay re: 73 Status Report and 60 Order - Staying Case. Status Report due in 90 days. Signed by Judge Richard F. Boulware, II on 9/8/2020. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:16-cv-00656-RFB-DJA Document 74 Filed 09/09/20 Page 1 of 3 1 2 3 4 5 6 7 8 DIANA S. EBRON, ESQ. Nevada Bar No. 10580 Email: diana@kgelegal.com JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 Email: jackie@kgelegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 Email: karen@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 BANK OF AMERICA, N.A., 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 Case No.: 2:16-cv-00656-RFB-DJA Plaintiff, JOINT STATUS REPORT AND STIPULATION TO CONTINUE STAY 13 vs. 14 MADEIRA CANYON HOMEOWNERS’ ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; and SFR INVESTMENTS POOL 1, LLC, 15 16 Defendants. 17 18 19 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counterclaimant/Cross-Claimant, 20 21 22 vs. BANK OF AMERICA, N.A.; and NEIL R. KING, an individual, 23 Counter-Defendant/Cross-Defendant. 24 25 26 27 … … … 28 -1- (SECOND REQUEST) Case 2:16-cv-00656-RFB-DJA Document 74 Filed 09/09/20 Page 2 of 3 JOINT STATUS REPORT AND STIPULATION TO CONTINUE STAY 1 Attorneys for Bank of America, N.A. (“BANA”), SFR Investments Pool 1, LLC (SFR) and 2 Madeira Canyon Homeowners’ Association (“HOA”), by and through their counsel of record, 3 stipulate and agree to continue the stay of proceedings for an additional 90 days. In support of this 4 stipulation, the parties represent as follows: 5 1. On June 5, 2020, the parties filed a stipulation and order to vacate the dispositive 6 motion deadline and continue the already existing stay of litigation for 90 days. 7 2. As part of the stipulation, the parties indicated BANA and SFR had reached a 8 settlement in principle, which had been executed, but required additional time for SFR to perform 9 a condition precedent to the settlement. 10 3. The property in this case is part of a more global settlement between BANA and 11 settlement have agreed to extend the time for performance. (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 SFR, involving a significant number of cases. Due to the COVID-19 pandemic, the parties to the 12 13 4. The parties therefore agree to continue the stay of proceedings for 90 days. This 14 will afford BANA and SFR additional time to finalize the settlement without incurring extra 15 expenses or burdening the court. Additionally, this will allow time for settlement discussion to 16 continue between BANA and the HOA. The parties are aware of the extended time resolving this 17 matter has taken and appreciate the court's patience. 18 5. The parties agree any party may move to lift the stay during the 90 days this matter 19 is stayed pursuant to this stipulation. The parties further reserve the right to stipulate to lift the 20 stay during the 90 days the matter is stayed pursuant to this stipulation. 21 22 23 24 25 26 27 … … … 28 -2- Case 2:16-cv-00656-RFB-DJA Document 74 Filed 09/09/20 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 12 (702) 485-3300 FAX (702) 485-3301 KIM GILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 15 6. This is the parties' second request for a stipulation to continue the stay of proceedings and is not intended to cause any delay or prejudice to any party. DATED this 8th day of September, 2020. KIM GILBERT EBRON AKERMAN LLP /s/ Diana S. Ebron DIANA S. EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 7625 Dean Martin Drive, Suite 110 Las Vegas, NV 89139 Attorneys for SFR Investments Pool 1, LLC /s/ Holly E. Walker HOLLY E. WALKER, ESQ. Nevada Bar No. 14295 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Attorneys for The Bank of America, N.A. 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 Attorneys for Madeira Canyon Homeowners Association 16 ORDER 17 Based on the foregoing stipulation, IT IS HEREBY ORDERED that the litigation stay is 18 continued for an additional 90 days. The parties are to file a status report within 90 days of the 19 issuance of this order. 20 DATED this ___ day of September, 2020. 8th 22 ________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE 23 DATED this 21 24 25 26 27 28 -3-

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