Bank of America, N.A. v. Spanish Bay Homeowners Association et al

Filing 131

ORDER granting ECF No. 130 Stipulation to Extend Stay. Signed by Chief Judge Miranda M. Du on 8/6/2020. (Copies have been distributed pursuant to the NEF - LW)

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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

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[phone] FAX [phone]

KIMGILBERT EBRON

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

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

Case No. 2:16-cv-00691-MMD-EJY
STIPULATION AND ORDER
TO EXTEND STAY

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Plaintiff,
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vs.

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SPANISH BAY HOMEOWNERS
ASSOCIATION; NEVADA ASSOCIATION
SERVICES, INC.; and SFR INVESTMENTS
POOL 1, LLC,

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Defendants.
______________________________________
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counter/Cross Claimant,

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vs.
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BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP, FKA COUNTRYWIDE
HOME LOANS SERVICING, LP; and
JAMES CARLSON, an individual,
Counter/Cross Defendants.

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STIPULATION AND ORDER TO EXTEND STAY

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Bank of America, N.A. (“Bank”) and SFR Investments Pool 1, LLC (“SFR”), by and

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through their counsel of record, have reached a settlement in principle as to the claims between

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the Bank and SFR and the settlement agreement has been executed by the Bank and SFR. A Notice

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of Settlement (ECF No. 128) and Stipulation and Order to Stay Litigation (ECF No. 129) was

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entered on February 11, 2020. On March 4, 2020 the Court granted the Bank summary judgment

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on its quiet title/declaratory relief claim against Spanish Bay Homeowners Association

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(“Association”) and Nevada Association Services, Inc. (“NAS”) (ECF No. 123). Summary

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judgment was granted in favor of the HOA and NAS on the Bank’s remaining claims. (ECF No.

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124). Only the claims between the Bank and SFR remain.
Based thereon, the Parties stipulated to extend the stay of litigation for an additional ninety

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[phone] FAX [phone]

KIMGILBERT EBRON

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

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(90) days to August 10, 2020. This extension of stay was to allow SFR and the Bank to perform a

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condition precedent to the settlement between SFR and the Bank. An order granting the extension

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of stay was entered on May 11, 2020.

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SFR asserts that good cause exists to justify extension of the stay of litigation because the

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ongoing COVID-19 crisis has impacted its ability to complete certain conditions precedent to

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settlement, and the Bank does not oppose SFR’s position. Therefore, the parties hereby stipulate

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and agree to extend the stay an additional ninety (90) days and set a status check on or around

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November 10, 2020. This will allow additional time for the Bank and SFR parties to complete the

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condition precedent to the settlement.

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…

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…

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…
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This is the parties’ second request to extend the stay and is not meant to cause harm or
prejudice to any party.

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DATED this 6th day of August, 2020.

DATED this 6th day of August, 2020.

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KIM GILBERT EBRON

AKERMAN LLP

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/s/ Jason G. Martinez ____
JASON G. MARTINEZ, ESQ.
Nevada Bar No. 13375
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Phone: [phone]
Email: [e-mail]

/s/ Holly E. Walker ____
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle Suite 200
Las Vegas, Nevada 89134
Phone: [phone]
Email: [e-mail]

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Attorneys for SFR Investments Pool 1, LLC

Attorneys for Bank of America, N.A.

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ORDER

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[phone] FAX [phone]

KIMGILBERT EBRON

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

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IT IS SO ORDERED.

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DATED: ________________
August 6, 2020

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________________________________
United States District Court Judge

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