Bank of America, N.A., v. Treo North and South Homeowners' Association, Inc. et al

Filing 93

ORDER granting ECF No. 92 Stipulation: Dispositive Motions due by 10/31/2018. Signed by Judge Miranda M. Du on 8/28/2018. (Copies have been distributed pursuant to the NEF - LH)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for plaintiff and counter-defendant
Bank of America, N.A., successor by merger
to BAC Home Loans Servicing LP f/k/a
Countrywide Home Loans Servicing, LP

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UNITED STATES DISTRICT COURT

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AKERMAN LLP

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

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DISTRICT OF NEVADA
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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vs.
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TREO NORTH AND SOUTH HOMEOWNERS
ASSOCIATION, INC; LALA GRIGORYAN;
BARGAIN
PROPERTIES,
LLC;
and
HOMEOWNER ASSOCIATION SERVICES,
INC.,

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Defendants.
BARGAIN PROPERTIES, LLC, a Nevada
limited liability company,
Counterclaimant,

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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; KERSTIN L.
DESJARDINS, an individual; and any and all
other persons unknown claiming any right, title,
estate, lien, or interest in the Property adverse to
Plaintiff's ownership, or any cloud upon
Plaintiff's title thereto (DOES 1 through 10
inclusive);

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Counter-defendants.

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46230461;1

Case No.: 2:16-cv-000845-MMD-NJK
STIPULATION AND ORDER TO RE-SET
DISPOSITIVE MOTIONS DEADLINE

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Plaintiff and counter-defendant Bank of America, N.A., successor by merger to BAC Home

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Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (BANA), defendants Treo North

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and South Homeowners Association, Inc. and Lala Grigoryan, and defendant and counterclaimant

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Bargain Properties, LLC, stipulate and request the court set an October 31, 2018 dispositive motions

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deadline as follows:1

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1.

On November 22, 2017, this court entered a scheduling order setting a December 29,

2017 discovery cut-off and January 29, 2018 dispositive motions deadline. (ECF No. 80.)

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2.

On January 5, 2018, after discovery closed but before the dispositive motions deadline,

AKERMAN LLP

this court stayed this case and denied BANA's motion for partial summary judgment, ECF No. 63,

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

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without prejudice pending the Nevada supreme court resolving the certified question in SFR Invs. Pool

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1, LLC v. The Bank of New York Mellon f/k/a the Bank of New York as Trustee for the

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Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2006-6, Case No. 72931 (the

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certified question case). (ECF No. 82.) The court ordered all pending motions may be re-filed within

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thirty days from the decision. (Id.)
3.

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The Nevada supreme court issued a ruling in the certified question case on August 2,

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2018. SFR Invs. Pool 1, LLC, 2018 WL 3655608, at *1 (Nev. Aug. 2, 2018). The deadline for BANA

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to re-file its motion for partial summary judgment, ECF No. 63, is September 4, 2018 as a result.

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BANA intends to file a motion for partial summary judgment, but does not intend to re-file the same

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motion it previously filed in light of the recent ruling in the certified question case.

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The court permitted counsel for defendant Homeowner Association Services, Inc. to withdraw on
March 17, 2017 and directed it to retain new counsel who shall file a notice of appearance by April
17, 2017. (ECF No. 53.) New counsel has not yet entered an appearance.
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46230461;1

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4.

To allow BANA time to update its briefing, and to allow Treo North and South, Ms.

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Grigoryan and Bargain Properties time to prepare dispositive motions, BANA, Treo North and South,

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Ms. Grigoryan and Bargain Properties stipulate the dispositive motions deadline shall be October 31,

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2018.

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This the 28th day of August, 2018.

This the 28th day of August, 2018.

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AKERMAN LLP

BOYACK ORME & ANTHONY

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/s/ Vatana Lay
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Adam J. Breeden
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
ADAM J. BREEDEN, ESQ.
Nevada Bar No. 8768
7432 W. Sahara Avenue, Suite 101
Las Vegas, Nevada 89117
Attorneys for defendant Treo North and South
Homeowners Association, Inc.

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Attorneys for plaintiff and counter-defendant
Bank of America, N.A., successor by merger to
BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP

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This the 28th day of August, 2018.

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GREEN INFUSO, LLP

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/s/ Michael V. Infuso
MICHAEL V. INFUSO, ESQ.
Nevada Bar No. 7388
KEVIN W. BARLOW, ESQ.
Nevada Bar No. 12689
SEAN B. KIRBY, ESQ.
Nevada Bar No. 14224
3030 South Jones Boulevard, Suite 101
Las Vegas, Nevada 89146

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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 defendant Lala Grigoryan and
defendant and counterclaimant Bargain
Properties, LLC

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ORDER

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IT IS SO ORDERED.
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______________________________________
UNITED STATES DISTRICT JUDGE

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August 28, 2018
DATED:_______________________________

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