The Bank of New York Mellon v. Mesa Homeowners Association et al

Filing 71

ORDER granting 69 Stipulation to Extend Stay Re: 65 Minute Order. Joint Status Report within 90 days. Signed by Judge Richard F. Boulware, II on 6/9/2020. (Copies have been distributed pursuant to the NEF - DRS)

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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
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
THE CWALT, INC., ALTERNATIVE LOAN
TRUST 2007-HY7C MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2007HY7C,

Case No. 2:16-cv-01239-RFB-DJA
NOTICE OF SETTLEMENT AND
STIPULATION AND ORDER TO
EXTEND STAY OF LITIGATION

Plaintiff,

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vs.

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MESA HOMEOWNERS ASSOCIATION;
SFR INVESTMENTS POOL 1, LLC;
NEVADA ASSOCIATION SERVICES, INC.;
ALESSI & KOENIG, 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.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
THE CWALT, INC., ALTERNATIVE LOAN
TRUST 2007-HY7C MORTGAGE PASSTHROUGH CERTIFICATES SERIES 2007HY7C; CHARLES A. MANN, an individual,
Counter-/Cross- Defendants.
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PLEASE TAKE NOTICE that The Bank of New York Mellon FKA The Bank of New

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York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007-

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HY7C Mortgage Pass-Through Certificates Series 2007-HY7C (“BNYM”) and SFR Investments

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Pool 1, LLC (“SFR”) have reached a global settlement in principal on multiple properties,

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including the Property at issue in this case. The settlement will resolve all claims between BNYM

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and SFR.

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Based on the confidential settlement agreement, BNYM and SFR have agreed to stay the

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litigation for ninety (90) days to allow the Parties to perform a condition precedent to the

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settlement. This will also provide an opportunity for BNYM to discuss the potential for settlement

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as to its claims against Mesa Homeowners Association (the “Association”).
Accordingly, BNYM, SFR and the Association (collectively the “Parties”) are submitting

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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the instant Stipulation and Order seeking to extend to already existing stay of litigation in this

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matter.

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Pursuant to a Minute Order in Chambers issued on October 17, 2019, this case was

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administratively stayed pending the result of the Nevada Supreme Court’s order of en banc

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reconsideration in the case Bank of America, N.A. v. Thomas Jessup, LLC Series VII. [ECF No.

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63.] The Minute Order set a deadline of 30 days after the stay was lifted for refiling dispositive

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motions. [ECF No. 63.] The Nevada Supreme Court issued its Order of en banc reconsideration

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on May 7, 2020. Bank of America, N.A. v. Thomas Jessup, LLC Series VII, 462 P.3d 255 (Nev.

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2020) (unpublished disposition), thereby resolving that issue. While the issuance of the Order did

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not automatically lift the stay in this case, in an abundance of caution, the Parties hereby stipulate

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to vacate the dispositive motion deadline set by the Court’s October 7, 2019, Order, and stipulate

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to extend the stay of litigation for ninety (90) days to allow for the parties to finalize settlement.

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The Parties agree that the pending Motion for Judgment by Default against Charles A. Mann (ECF

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No. 67] should be excluded from the extension of stay so as to allow this Court to issue a ruling

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on said Motion.

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The Parties further request the court set a deadline for filing a status report regarding the

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settlement for ninety (90) from entry of this Stipulation and Order. This request to stay is being
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made in the interest of preserving judicial resources and, as set forth above, on the basis of a

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material term of the Settlement Agreement.

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DATED this 8th day of June, 2020.

DATED this 8th day of June, 2020.

KIM GILBERT EBRON

AKERMAN LLP

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/s/ Jacqueline A. Gilbert
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
E-mail: [e-mail]

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Attorneys for SFR Investments Pool 1, LLC

/s/ Holly E. Walker
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for The Bank of New York Mellon
FKA The Bank of New York, as Trustee for the
Certificateholders of the CWALT, Inc.,
Alternative Loan Trust 2007-HY7C Mortgage
Pass-Through Certificates Series 2007HY7C.

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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DATED this 8th day of June, 2020.
LEACH KERN GRUCHOW ANDERSON
SONG
/s/ J. Tyler King
SEAN L. ANDERSON, ESQ.
Nevada Bar No. 7259
J. TYLER KING, ESQ
Nevada Bar No. 14895
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Phone: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Mesa Homeowners Association
ORDER

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IT IS SO ORDERED.
DATED: ________________
________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
________________________________
United Stated District Court Judge
DATED this 9th day of June, 2020.

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