Bank of America N.A. v. Operture Inc. et al

Filing 58

ORDER granting 56 Stipulation; Vacating as to George Peter Lee 46 Judgment, Setting Aside 36 Clerk's Entry of Default. George Peter Lee answer due 21 days from entry of this Order. Signed by Judge Andrew P. Gordon on 5/14/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01692-APG-GWF Document 56 Filed 05/11/18 Page 1 of 4

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Schwartz Flansburg PLLC
Frank M. Flansburg III, Esq.
Nevada Bar No. 6974
Andrew P. Dunning, Esq.
Nevada Bar No. 13864
6623 Las Vegas Blvd. South, Suite 300
Las Vegas, Nevada 89119
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant George Peter Lee
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,
Case No.:

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vs.

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2:16-CV-01692-APG-GWF

Plaintiff,

OPERTURE, INC., a corporation; BRIDGER
INVESTMENTS LLC, a Nevada limited liability
company; GEORGE PETER LEE; ALESSI &
KOENIG, LLC, a Nevada limited liability
company; INDIGO HOMEOWNERS’
ASSOCIATION, a Nevada non-profit
corporation; and DOES I through X, and ROE
CORPORATIONS I through X, inclusive;

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STIPULATION AND ORDER TO:
(1) SET ASIDE CLERK’S DEFAULT;
AND
(2) VACATE DEFAULT JUDGMENT
AGAINST DEFENDANT
GEORGE PETER LEE

Defendants.

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STIPULATION

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Defendant George Peter Lee (“Defendant”) by and through the law firm of Schwartz

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Flansburg PLLC, and Plaintiff, Bank of America, N.A. (“Plaintiff”), by and through the law firm

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of Wright, Finlay & Zak, LLP, hereby stipulate and agree as follows:
1.

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On November 16, 2017, the Clerk entered default as to Defendants Bridger

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Investment LLC and George Peter Lee (the “Clerk’s Default”). [ECF No. 36];

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///

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///
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Case 2:16-cv-01692-APG-GWF Document 56 Filed 05/11/18 Page 2 of 4

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2.

On January 26, 2018, Plaintiff filed its Renewed Application for Default

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Judgment against George Peter Lee and Bridger Investment LLC (the “Renewed Application”).

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[ECF No. 43];

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3.

On February 7, 2018, the Court entered its Order Granting the Renewed

Application. [ECF No. 45];

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4.

On February 8, 2018, the Clerk entered its Default Judgment in favor of Plaintiff

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and against Defendants Bridger Investment LLC and George Peter Lee (the “Default

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Judgment”). [ECF No. 46];

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5.

matter. [ECF No. 48];

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On March 9, 2018, counsel for Defendant made their initial appearance in this

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Rule 55(c) of the Federal Rules of Civil Procedure allows the Court to set aside an

entry of default for good cause, and to set aside a final default judgment pursuant to Rule 60(b);

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Rule 60(b)(5) of the Federal Rules of Civil Procedure allows the Court to relieve a

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party from a final judgment if the judgment “has been satisfied, released, or discharged.”

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Similarly, Rule 60(b)(6) allows the Court to relieve a party from such a judgment for “any other

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reason that justifies relief;”

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8.

Rule 60(b)’s provisions for setting aside default judgments are “remedial,” and

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“must be liberally applied.” United States v. Aguilar, 782 F.3d 1101, 1106 (9th Cir. 2015) citing

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Falk v. Allen, 739 F.2d 461, 463 (9th Cir. 1984) (per curiam). The Ninth Circuit often reiterates

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the longstanding policy that a default judgment “is a drastic step appropriate only in extreme

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circumstances,” and that “a case should, whenever possible, be decided on the merits.” Id.
9.

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Plaintiff and Defendant agree and stipulate that there is good cause to set aside the

Clerk’s Default as to Defendant;

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10.

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Defendant;

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11.

Plaintiff and Defendant agree and stipulate to vacate the Default Judgment against

The sole remaining appearing party, Defendant Indigo Homeowner’s Association,

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does not object to this agreement and stipulation, and consents to the same pursuant to LR 7-

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1(c);
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Case 2:16-cv-01692-APG-GWF Document 56 Filed 05/11/18 Page 3 of 4

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12.

Defendant shall file and serve his response to Plaintiff’s Complaint within twenty-

one (21) days of the date of the order granting this stipulation.

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IT IS SO STIPULATED.

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Dated this 11th day of May, 2018

Dated this 11th day of May, 2018

SCHWARTZ FLANSBURG PLLC

WRIGHT FINLAY & ZAK

/s/ Andrew P. Dunning
Frank M. Flansburg III, Esq.
Nevada Bar No. 6974
Andrew P. Dunning, Esq.
Nevada Bar No. 13864
6623 Las Vegas Blvd. South, Suite 300
Las Vegas, Nevada 89119
Attorneys for Defendant
George Peter Lee

/s/ Aaron D. Lancaster
Aaron D. Lancaster, Esq.
Nevada Bar No. 10115
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff
Bank of America, N.A.

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Dated this 11th day of May, 2018

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LEACH JOHNSON SONG & GRUCHOW
/s/ Chase Pittsenbarger
Sean L. Anderson, Esq.
Nevada Bar No. 7259
Chase Pittsenbarger, Esq.
Nevada Bar No. 13740
8945 W. Russell Road, Ste. 330
Las Vegas, NV 891148
Attorneys for Defendant
Indigo Homeowners’ Association

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Case 2:16-cv-01692-APG-GWF Document 56 Filed 05/11/18 Page 4 of 4

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ORDER
Based upon the foregoing stipulation, and good cause appearing, the Court hereby orders
as follows:

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1.

The above stipulation of the parties is approved;

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2.

The November 16, 2017, Clerk’s Default [ECF No. 36] is set aside as to

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Defendant George Peter Lee;

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3.

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vacated as to Defendant George Peter Lee;

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4.

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The February 8, 2018, Default Judgment in favor of Plaintiff [ECF No. 46] is

Defendant George Peter Lee shall file and serve his response to Plaintiff’s

Complaint within twenty-one (21) days of the date of this order.

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IT IS SO ORDERED:

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____________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
Dated: May 14, 2018.

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DATED:

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Submitted By:
SCHWARTZ FLANSBURG PLLC

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/s/ Andrew P. Dunning
Frank M. Flansburg III, Esq.
Nevada Bar No. 6974
Andrew P. Dunning, Esq.
Nevada Bar No. 13864
6623 Las Vegas Blvd. South, Suite 300
Las Vegas, Nevada 89119
Attorneys for Defendant George Peter Lee

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