PHH Mortgage Corporation v. SFR Investments Pool 1, LLC et al

Filing 44

ORDER Granting 43 Stipulation to stay discovery only. Signed by Magistrate Judge Carl W. Hoffman on 12/22/2016. (Copies have been distributed pursuant to the NEF - AF)

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Joel E. Tasca
Nevada Bar No. 14124
Holly Ann Priest
Nevada Bar No. 13226
Ballard Spahr LLP
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for PHH Mortgage Corporation

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UNITED STATES DISTRICT COURT

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PHH Mortgage Corporation
Plaintiff,

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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DISTRICT OF NEVADA

vs.

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SFR Investments Pool 1, LLC, a Nevada
limited liability company; Centennial
Park Homeowners Association, a Nevada
non-profit corporation; Andrew E. Cato, an
individual

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CASE NO. 2:16-cv-01648-GMN-CWH

STIPULATION AND ORDER TO
STAY DISCOVERY
(First Request)

Defendants.
SFR Investments Pool 1, LLC, a Nevada
limited liability company,
Counter/Crossclaimant,
vs.
PHH Mortgage Corporation; and Andrew
E. Cato, an individual
Counter/Crossdefendants.

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Pursuant to Local Rules LR IA 6-2 and LR 7-1, Plaintiff/Counter-Defendant

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PHH Mortgage Corporation (“PHH”), Defendant/Counterclaimant SFR Investments

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Pool 1, LLC (“SFR”), and Defendant Centennial Park Homeowners Association

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(together with SFR and PHH, the “Parties”), through their respective attorneys,

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stipulate as follows:

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1.

The Ninth Circuit Court of Appeals has determined that the statute at

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issue in this case violates due process. See Bourne Valley Court Trust v. Wells Fargo

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Bank, N.A., 832 F.3d 1154 (9th Cir. 2016) (hereinafter “Bourne Valley”).

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2.

Based on Bourne Valley, PHH filed a Motion for Judgment on the

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Pleadings or Alternatively For Summary Judgment (“Motion for Judgment on the

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Pleadings”) (ECF No. 29) on November 22, 2016 as well as a Motion to Stay

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Discovery pending the outcome of the Motion for Judgment on the Pleadings (ECF

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No. 30) on December 5, 2016.

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3.

The Parties stipulated to modify the briefing schedule for the Motion for

and PHH until January 13, 2017 to file a reply.

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

Judgment on the Pleadings to provide SFR until December 20, 2016 to file a response

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100 NORTH CITY PARKWAY, SUITE 1750

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4.

On November 18, 2016, SFR filed a Motion to Certify a Question of Law

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to Nevada’s Supreme Court (“Motion to Certify”) (ECF No. 28), which also involves

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the meaning of the statute at issue in this case.

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5.

Discovery currently is set to close on May 22, 2017.

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6.

To avoid wasting resources and incurring potentially unnecessary

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expense associated with discovery, the Parties stipulate and agree to stay all

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discovery deadlines pending a resolution on the Motion for Judgment on the

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Pleadings and the Motion to Certify. As a matter of clarification, this Stipulation is

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limited to a stay of discovery only, and the Parties therefore respectfully request that

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the Court proceed to decide the Motion for Judgment on the Pleadings and the

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Motion to Certify in the normal course.

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7.

Given that the Parties submit this Stipulation in the midst of discovery,

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the Parties also stipulate and agree that they will move for an enlargement of time to

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conduct discovery if and when the stay is lifted.

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8.

The Parties further stipulate and agree that no Party claiming an

interest in 8909 Topaz Springs Court, Las Vegas, Nevada 89149 (the “Property”),

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shall transfer or attempt to transfer such claimed interest in the Property during the

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pendency of this stay.

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9.

The stay may be lifted by stipulation of the Parties or by motion.

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10.

The Parties make this stipulation in good faith and not for purposes of

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delay.

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Dated: December 21, 2016

Dated: December 21, 2016

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BALLARD SPAHR LLP

HALL JAFFE & CLAYTON, LLP

By: /s/ Holly Ann Priest
Joel E. Tasca
Nevada Bar No. 14124
Holly Ann Priest
Nevada Bar No. 13226
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106

By: /s/ Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
[e-mail]
Hall, Jaffe & Clayton, LLP
7425 Peak Drive
Las Vegas, Nevada 89128

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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Attorneys for PHH Mortgage
Corporation

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Dated: December 21, 2016

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Attorneys for Centennial Park
Homeowners Association

KIM GILBERT EBRON

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By: /s/ Diana Cline Ebron
Diana Cline Ebron, Esq.
Howard C. Kim, Esq.
Karen L. Hanks, Esq.
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

Attorneys for SFR Investments Pool
1, LLC

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED:

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12-22-16
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