Bank of America, N.A. v. Travata and Montage at Summerlin Centre Homeowners' Association, et al

Filing 103

ORDER Re: 102 Response to Order to Show Cause. Stipulation to Dismiss deadline: 12/19/2018. Signed by Magistrate Judge Peggy A. Leen on 12/17/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-00699-GMN-PAL Document 102 Filed 12/05/18 Page 1 of 5

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JARED M. SECHRIST, ESQ.
Nevada Bar No. 10439
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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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

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

Case No.:

JOINT RESPONSE TO ORDER TO SHOW
CAUSE WHY THE COURT SHOULD NOT
IMPOSE MONETARY SANCTIONS
AGAINST COUNSEL FOR FAILURE TO
COMPLY WITH THE COURT'S MINUTE
ORDER [ECF NO. 98]

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Plaintiff,

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2:16-cv-00699-GMN-PAL

vs.
TRAVATA AND MONTAGE AT SUMMERLIN
CENTRE HOMEOWNERS' ASSOCIATION;
NEVADA ASSOCIATION SERVICES, INC.;
and SFR INVESTMENTS POOL 1, LLC,

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Defendants.
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Bank of America, N.A. (BANA), Nevada Association Services, Inc. (NAS), and Travata and

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Montage at Summerlin Centre Homeowners' Association (HOA) hereby respond jointly to the court's

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order to show cause [ECF No. 101] why the court should not impose monetary sanctions against

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counsel for failure to comply with the court's minute order [ECF No. 98] as follows:

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Case 2:16-cv-00699-GMN-PAL Document 102 Filed 12/05/18 Page 2 of 5

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RESPONSE
1.

On September 19, 2018, this Court held a settlement conference with the parties to this

litigation at which BANA, the HOA and NAS were able to reach a settlement to resolve the claims

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BANA asserts against the HOA and NAS. [See ECF No. 98].
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2.

Following the settlement conference, this Court issued a Minute Order on September

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19, 2018 ordering the settling parties' counsel to appear for a telephonic status check on November 19,

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2018. Id. The Court further stated the telephonic status check would be automatically vacated upon

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the filing of a stipulation to dismiss the claims among the settling parties.

AKERMAN LLP

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

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3.

The settling parties' counsel failed to comply with the Minute Order and this Court

issued an Order to Show Cause why monetary sanctions should not be issued for noncompliance on

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November 21, 2018. [ECF No. 101]
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4.

Prior to the settlement conference, counsel for the HOA and BANA reached an

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agreement to settle the claims between their clients—an HOA and a bank—in a state court action

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involving similar facts and claims to the present litigation. The parties intended to use the settlement

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agreement in that case as a template for the settlement reached in this action, thereby avoiding the

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need to renegotiate settlement impediments.
5.

Though close, the parties had not yet finalized the terms of the state court settlement

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agreement by the time of the status check in this case, preventing the finalization of settlement in the
present action and precluding the dismissal of the claims among the settling parties.
6.

Following the telephonic status check on November 19, 2018, the settling parties have

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sought to resolve the instant litigation regardless of the status of the settlement agreement in the state

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court action.

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7.

BANA's counsel has circulated a settlement agreement purporting to resolve the settled

claims. NAS's counsel and the HOA's counsel have responded with comments, which have been

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Case 2:16-cv-00699-GMN-PAL Document 102 Filed 12/05/18 Page 3 of 5

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incorporated into a near-final version. The parties do not anticipate any further substantial revisions or

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delays.

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8.

The parties are in the process of finalizing the agreement for execution by their clients.

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The settling parties anticipate the execution of the settlement documents, including the stipulation to

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dismiss all claims among the settling parties within fourteen (14) days (December 19, 2018).

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9.

In light of the parties' efforts to effectuate the dismissal of the settled claims as soon as

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practicable following the Court's issuance of the Order to Show Cause, the settling parties respectfully

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request this Court suspend the issuance of monetary sanctions against the settling parties for fourteen

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(14) days and that the Court will be satisfied that sanctions are not warranted if the settling parties

AKERMAN LLP

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

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submit a stipulation to dismiss all claims among the settling parties on or before December 19, 2018.

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DATED December 5, 2018.

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This the 5th day of December, 2018.

This the 5th day of December, 2018.

AKERMAN LLP

NEVADA ASSOCIATION SERVICES, INC.

/s/ Jared M. Sechrist, Esq.
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
JARED M. SECHRIST, ESQ.
Nevada Bar No. 10439
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Brandon E. Wood, Esq.
BRANDON WOOD, ESQ.
Nevada Bar No. 12900
6224 W. Desert Inn Road
Las Vegas, Nevada 89146

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Attorney for defendant Nevada Association
Services, Inc.

Attorneys for plaintiff and counter-defendant
Bank of America, N.A.

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IT IS SO ORDERED this 17th day
of December, 2018.

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_______________________________
Peggy A. Leen
United States Magistrate Judge

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Case 2:16-cv-00699-GMN-PAL Document 102 Filed 12/05/18 Page 4 of 5

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This the 5th day of December, 2018.
LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

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/s/ Julie Funai, Esq.
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2671
JULIE FUNAI, ESQ.
Nevada Bar. No. 8725
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorneys for defendant Travata and Montage at
Summerlin Centre Homeowners Association

AKERMAN LLP

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

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Case 2:16-cv-00699-GMN-PAL Document 102 Filed 12/05/18 Page 5 of 5

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CERTIFICATE OF SERVICE

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I certify on December 5, 2018, I filed and served a true and correct copy of the foregoing

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JOINT RESPONSE TO ORDER TO SHOW CAUSE WHY THE COURT SHOULD NOT

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IMPOSE MONETARY SANCTIONS AGAINST COUNSEL FOR FAILURE TO COMPLY

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WITH THE COURT'S MINUTE ORDER [ECF NO. 98] via the court's CM/ECF system on the

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following:

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AKERMAN LLP

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

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J. William Ebert, Esq.
Joseph P. Garin, Esq.
Julie Funai, Esq.
LIPSON NEILSON COLE SELTZER & GARIN,
PC
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144

Brandon Wood, Esq.
NEVADA ASSOCIATION SERVICES, INC.
6224 West Desert Inn Road
Las Vegas, NV 89146
Attorney for Nevada Association Services, Inc

Attorneys for Travata and Montage at
Summerlin Centre Homeowners' Association
Diana S. Ebron, Esq.
Jacqueline A. Gilbert, Esq.
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

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Attorneys for SFR Investments Pool 1, LLC

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/s/ Tracey Wayne
An employee of AKERMAN LLP

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