Bank of America, N.A. v. Terraces at Rose Lake Homeowners Association et al

Filing 103

ORDER Granting 99 Stipulation to Extend Time to Reply re: 92 Motion to Strike. Replies due by 12/22/2017. Signed by Chief Judge Gloria M. Navarro on 1/19/2018. Nunc Pro Tunc: December 25, 2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01106-GMN-PAL Document 99 Filed 12/25/17 Page 1 of 3

1
2
3
4
5
6
7
8

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
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

12
[phone] FAX [phone]

KIM GILBERT EBRON

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

11

13

BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP, f/k/a COUNTRYWIDE
HOME LOANS SERVICING, LP,
Plaintiff,

14

vs.

15

Case No. 2:16-cv-01106-GMN-PAL
STIPULATION AND [Proposed] ORDER
FOR EXTENSION OF TIME
(FIRST REQUEST)

TERRACES AT ROSE LAKE
HOMEOWNERS ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; and ALESSI
& KOENIG, LLC,

16
17
18
19

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

20

Counter-Claimant,

21

vs.

22

BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP, FKA COUNTRYWIDE
HOME LOANS SERVICING, LP;
ENGELBERT ESPINOSA, an individual; and
CHARITO ESPINOSA, an individual,

23
24
25

Counter-Defendant/Cross-Defendants.

26
27
28

Defendant/Counterclaimant SFR Investments pool 1, LLC (SFR”) and proposed Amicus
Federal Housing Finance Agency (“FHFA”) hereby agree and stipulate as follows:
-1-

Case 2:16-cv-01106-GMN-PAL Document 99 Filed 12/25/17 Page 2 of 3

1

FHFA filed its Motion for Leave to File Amicus Curiae Brief (the ‘Motion”) on November

2

22, 2017 (ECF No. 91). SFR filed its Motion to Strike the Motion (ECF No. 92) and Response to

3

the Motion (ECF No. 93) on November 24, 2017.

4

The parties stipulated that, rather than have two due dates for FHFA’s reply and response,

5

FHFA would have until the later date of December 8, 2017 to file a combined reply/response (ECF

6

No. 96).

7

FHFA did not file its reply and response until December 11, 2017 (ECF No. 98). In its

8

reply, FHFA stated its position that it believed SFR’s motion to strike/response to the Motion was

9

simply a response to the Motion and leave should not be given for SFR to file a reply to the motion

10

to strike. SFR disagrees.
SFR counsel with primary responsibility for this issue has had both car and family health

12
[phone] FAX [phone]

KIM GILBERT EBRON

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

11

issues that prevented her from completing SFR’s reply in support of its motion to strike.

13

While the parties disagree as to the propriety of the reply (see ECF No. 98), the parties

14

agree that additional time for SFR to reply or take further action is appropriate under the

15

circumstances, with FHFA reserving its rights to object to the filing based on its position, if

16

necessary.

17

IT IS HEREBY AGREED AND STIPULATED to extend the deadline for SFR to file its

18

reply in support of its motion to strike, or take such further action as is deemed necessary, from

19

December 18, 2017 to December 22, 2017.

20

…

21
22

…

23
24

…

25
26

…

27
28

…
-2-

Case 2:16-cv-01106-GMN-PAL Document 99 Filed 12/25/17 Page 3 of 3

1

This is SFR’s first request for an extension for this reply and is not meant for purposes of

2

delay or prejudice but was due to unexpected events that prevented the ability to file on December

3

18, 2017.

4

DATED: December 19, 2017.
FENNEMORE CRAIG, P.C.
By: /s/ Leslie Bryan Hart
Leslie Bryan Hart, Esq. (SBN 4932)
John D. Tennert, Esq. (SBN 11728)
300 E. Second St., Suite 1510
Reno, Nevada 89501
Tel: [phone]
[e-mail]; [e-mail]
Attorneys for Movant Federal Housing
Finance Agency

5
6
7
8
9
10

KIM GILBERT EBRON
By: /s/ Jacqueline A. Gilbert
Howard C. Kim, Esq. (SBN 10386)
Jacqueline A. Gilbert, Esq. (SBN 10593)
Diana S. Ebron, Esq. (SBN 10580)
Karen L. Hanks, Esq. (SBN 9578)
7625 Dean Martin Dr., Suite 110
Las Vegas, NV 89139
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant/Counter-Claimant/
Cross-Claimant SFR Investments Pool 1, LLC

12
[phone] FAX [phone]

KIM GILBERT EBRON

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

11

13
14
15
16
17
18
19
20
21
22
23

AKERMAN LLP
By: /s/Jamie K. Combs
Ariel Stern, Esq. (SBN 8276)
Darren T. Brenner, Esq. (SBN 8386)
Jamie K. Combs, Esq. (SBN 13088)
Tenesa S. Scaturro, Esq. (SBN 12488)
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff/Counter-defendant
Bank
of America, N.A.
ORDER

24
25
26
27
28

IT IS SO ORDERED.
19
DATED this ___day of January, 2018.

Nunc Pro Tunc: December 25, 2017.

_____________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT
-3-