Bank of America, N.A v. Bar Arbor Glen at Providence Homeowners Association et al

Filing 71

ORDER re: 66 Order to Show Cause. With respect to the potential entry of default judgment, Nevada Association Services and Plaintiff shall meet-and- confer regarding the potential filing of a stipulation on that issue. If a stipulation is feas ible, it shall be filed by April 1, 2019. With respect to the potential for an award of attorneys' fees, any party who wishes to recover its fees arising out of Nevada Association Services violation of the Court's order shall file appropri ate paperwork as to (1) the amount of time expended that resulted from that violation and (2) the hourly rate sought for each attorney who expended time unnecessarily. This paperwork shall be filed by March 25, 2019. To the extent it wishes to challenge the information submitted, Nevada Association Services may file a response by April 1, 2019. Signed by Magistrate Judge Nancy J. Koppe on 3/18/2019. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BANK OF AMERICA, N.A.,

Case No.: 2:16-cv-00761-APG-NJK

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Plaintiff(s),

Order

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v.
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BAR ARBOR GLEN AT PROVIDENCE
HOMEOWNERS ASSOCIATION, et al.,
Defendant(s).
Pending before the Court is an order to show cause arising out of Nevada Association

17 Services, Inc.’s violation of the order to participate in the formulation of a discovery plan. Docket
18 No. 66. The Court has received responses that indicate, inter alia, that Nevada Association
19 Services does not plan to defend this case. See, e.g., Docket No. 69 at 3. In so doing, Nevada
20 Association Services concedes that entry of default judgment is appropriate, and further concedes
21 that some award of attorneys’ fees is appropriate. See id. at 4.1
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With respect to the potential entry of default judgment, Nevada Association Services and

23 Plaintiff shall meet-and-confer regarding the potential filing of a stipulation on that issue. If a
24 stipulation is feasible, it shall be filed by April 1, 2019.
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With respect to the potential for an award of attorneys’ fees, any party who wishes to

26 recover its fees arising out of Nevada Association Services’ violation of the Court’s order shall
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The Court expresses no opinion herein as to the pending order to show cause or the
28 particular relief that will be ordered therefrom.

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1 file appropriate paperwork as to (1) the amount of time expended that resulted from that violation
2 and (2) the hourly rate sought for each attorney who expended time unnecessarily. This paperwork
3 shall be filed by March 25, 2019. To the extent it wishes to challenge the information submitted,
4 Nevada Association Services may file a response by April 1, 2019.
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IT IS SO ORDERED.

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Dated: March 18, 2019
______________________________
Nancy J. Koppe
United States Magistrate Judge

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