Bank of America, N.A. v. The Willows Homeowners' Association, et al

Filing 90

ORDER granting 89 Stipulation to Stay Proceedings. IT IS ORDERED that litigation is stayed until 11/30/2020. The parties shall file a stipulation or status report on or before 11/30/2020. Signed by Judge Andrew P. Gordon on 8/28/2020. (Copies have been distributed pursuant to the NEF - HAM)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
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: jamie.combs @akerman.com

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Attorneys for plaintiff Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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,
Plaintiff,

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THE
WILLOWS
HOMEOWNERS'
ASSOCIATION; ABSOLUTE COLLECTION
SERVICES, LLC; SFR INVESTMENTS POOL
1, LLC,

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Defendants.
SFR INVESTMENTS POOL 1, LLC,
Counter/Cross Claimant,

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vs.

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JOINT STATUS REPORT AND
STIPULATION TO STAY PROCEEDINGS
BETWEEN BANK OF AMERICA, N.A.
AND SFR INVESTMENTS POOL 1, LLC

vs.

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Case No.: 2:16-cv-00678-APG-DJA

BANK OF AMERICA, N.A., successor by
merger to BAC HOME LOANS SERVICING,
LP FKA COUNTRYWIDE HOME LOANS
SERVICING, LP; PATTY HART, an individual;
JOHN HART, an individual; and NEVA MUNN,
an individual,

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Counter/Cross Defendants.

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Plaintiff Bank of America, N.A., and defendants SFR Investments Pool 1, LLC file this joint

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status report and stipulation to stay proceedings for an additional 90 days pursuant to the court's August

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5, 2020 order, ECF No. 85. In support of this stipulation, the parties state as follows:
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This property that is the subject of this matter is part of a more global settlement between

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BANA and SFR, involving scores of properties pending in this court as well as other courts in Nevada

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and the Ninth Circuit.

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On March 2, 2020, the parties filed a joint motion to extend the dispositive motion deadline,

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representing that a settlement agreement had been reached and executed between BANA and SFR,

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while noting that an extension was needed to allow performance of a condition precedent to the

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settlement. ECF No. 78. The court granted the order, extending the dispositive motion deadline to

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June 1, 2020. ECF No. 80.

precedent to be performed and the settlement finalized. ECF No. 81. The court granted the motion,

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AKERMAN LLP

On March 31, 2020, the parties stipulated to stay litigation for 90 days to allow the condition

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

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and requested the parties file a status report or stipulation by June 15, 2020. ECF No. 82.

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Due to an oversight on counsel's part for Bank of America, the parties failed to file their status

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report by June 15, 2020, and the court dismissed the litigation. ECF No. 83. Counsel for BANA filed

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a motion to set aside the dismissal, which the court granted. ECF No. 84, 85. In the court's order

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granting the motion to set aside the dismissal, it ordered the parties to file a stipulation or status report

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by August 28, 2020. ECF No. 85.

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BANA subsequently stipulated to dismiss the HOA pursuant to a separate settlement
agreement ECF No. 86, 87.

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BANA and SFR expected the condition precedent to the settlement to be performed within 90

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days of when this matter was originally stayed. Unfortunately, due to the ongoing COVID-19

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pandemic, completion of the condition precedent has been delayed, and additional time is needed for

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the condition precedent to the parties' settlement agreement to be met.

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The parties therefore stipulate and request this matter be stayed for approximately 90 days,

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until November 30, 20201.

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...

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...

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...

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90 days lands on Thursday, November 26, 2020, which is Thanksgiving.

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BANA separately intends to file a motion requesting Absolute Collection Service's Answer be

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stricken due to its failure to obtain new counsel, as required by this court's December 19, 2019 order,

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ECF No. 76, so that BANA may pursue default against it.

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DATED: August 28, 2020.
AKERMAN LLP

KIM GILBERT EBRON

/s/ Jamie K. Combs, Esq.
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Diana S. Ebron, Esq.
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 Bank of America, N.A.

Attorneys for SFR Investments Pool 1, LLC

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IT IS SO ORDERED that litigation is stayed until November 30, 2020. The parties shall file
a stipulation or status report on or before November 30, 2020.

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August 28, 2020
DATE: ____________________

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UNITED STATES DISTRICT JUDGE
Case No.: 2:16-cv-00678-APG-DJA

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