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

Filing 73

ORDER granting 72 Stipulation to Continue Stay. Status Report due within 90 days. Signed by Judge Richard F. Boulware, II on 9/8/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:16-cv-01239-RFB-DJA Document 73 Filed 09/09/20 Page 1 of 3

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
Email: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
Email: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
Email: [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
JOINT STATUS REPORT AND
STIPULATION TO CONTINUE STAY
(SECOND REQUEST)

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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Case 2:16-cv-01239-RFB-DJA Document 73 Filed 09/09/20 Page 2 of 3

JOINT STATUS REPORT AND STIPULATION TO CONTINUE STAY

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Attorneys for The Bank of New York Mellon FKA The Bank of New York, as Trustee for
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the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007-HY7C Mortgage Pass3
Through Certificates Series 2007- HY7C (“BNYM”), SFR Investments Pool 1, LLC (SFR) and
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Mesa Homeowners Association (“HOA”), by and through their counsel of record, stipulate and

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agree to continue the stay of proceedings for an additional 90 days. In support of this stipulation,
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the parties represent as follows:
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1.

On June 8, 2020, the parties filed a stipulation and order to vacate the dispositive

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motion deadline and continue the already existing stay of litigation for 90 days.
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2.

As part of the stipulation, the parties indicated BNYM and SFR had reached a

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settlement in principle, which had been executed, but required additional time for SFR to perform
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3.
[phone] FAX [phone]

KIM GILBERT EBRON

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

a condition precedent to the settlement.
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The property in this case is part of a more global settlement between BNYM and

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SFR, involving a significant number of cases. Due to the COVID-19 pandemic, the parties to the
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settlement have agreed to extend the time for performance.
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4.

The parties therefore agree to continue the stay of proceedings for 90 days. This

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will afford BNYM and SFR additional time to finalize the settlement without incurring extra
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expenses or burdening the court. Additionally, this will allow time for settlement discussion to
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continue between BNYM and the HOA. The parties are aware of the extended time resolving this
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matter has taken and appreciate the court's patience.
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5.

The parties agree any party may move to lift the stay during the 90 days this matter

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is stayed pursuant to this stipulation. The parties further reserve the right to stipulate to lift the
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stay during the 90 days the matter is stayed pursuant to this stipulation.
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…
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Case 2:16-cv-01239-RFB-DJA Document 73 Filed 09/09/20 Page 3 of 3

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6.

This is the parties' second request for a stipulation to continue the stay of

proceedings and is not intended to cause any delay or prejudice to any party.
DATED this 8th day of September, 2020.
KIM GILBERT EBRON

AKERMAN LLP

/s/Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, LLC

/s/ Holly E. Walker
HOLLY E. WALKER, ESQ.
Nevada Bar No. 14295
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
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 2007- HY7C.

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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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, NV 89128
Attorneys for Mesa Homeowners Association
ORDER

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Based on the foregoing stipulation, IT IS HEREBY ORDERED that the litigation stay is
continued for an additional 90 days. The parties are to file a status report within 90 days of the
issuance of this order.
DATED this ___ day of September, 2020.
8th

________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT JUDGE
DATED this

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