Carrington Mortgage Services, LLC v. Montecito Village Community Associatin et al

Filing 50

ORDER Granting 49 Stipulation to File Renewed Motions for Summary Judgment. Signed by Judge James C. Mahan on 8/29/2019. (Copies have been distributed pursuant to the NEF - MR)

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NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Carrington Mortgage Services, LLC

AKERMAN LLP

UNITED STATES DISTRICT COURT

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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CARRINGTON
LLC;

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SERVICES,

Plaintiff,
vs.
MONTECITO
VILLAGE
COMMUNITY
ASSOCIATION; NEVADA ASSOCIATION
SERVICES; PREMIER ONE HOLDINGS,
INC.; DOE INDIVIDUALS I-X, inclusive, and
ROE CORPORATIONS I-X, inclusive,

Case No. 2:16-cv-01780-JCM-PAL
STIPULATION AND ORDER FOR
DEADLINE
TO
FILE
RENEWED
MOTIONS FOR SUMMARY JUDGMENT
(FIRST REQUEST)

Defendants.

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MORTGAGE

Carrington Mortgage Services, LLC (Carrington), Montecito Village Community
Association (Montecito), and Premier One Holdings, Inc. (Premier One), hereby stipulate and
agree as follows:
On July 7, 2017, this court granted Montecito and Premier One's motions for summary
judgment and denied Carrington's motion for summary judgment [ECF No. 38]. Carrington filed a
notice of appeal to the United States Court of Appeals for the Ninth Circuit on August 3, 2017. On
May 6, 2019, the Ninth Circuit issued an order stating that it had recently held that the Nevada
statutory scheme that grants a homeowners association a lien with super-priority status is no longer
controlled by the analysis in Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154
(9th Cir. 2016) in light of the Nevada Supreme Court's decision in Bank of America, N.A. v. SFR
49740112;1

Case 2:16-cv-01780-JCM-PAL Document 49 Filed 08/19/19 Page 2 of 2

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Investments Pool, LLC, 427 P.3d 113 (Nev. 2018). Because the instant case raises similar issues and

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procedural posture, the Ninth Circuit was inclined to vacate the district court's decision and remand

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for further consideration. No objections were filed, and the case was remanded on July 18, 2019

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[ECF No. 45] for further proceedings.

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DATED this 19th day of August, 2019.
MORRIS LAW CENTER

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/s/ Tenesa S. Powell
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Timothy Wiseman
SARAH A. MORRIS, ESQ.
Nevada Bar No. 8461
TIMOTHY A. WISEMAN, ESQ.
Nevada Bar No. 13786
5450 W. Sahara Avenue, Suite 330
Las Vegas, NV 89146

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Attorneys for Carrington Mortgage Services, LLC

Attorney for Premier One Holdings, Inc.

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ALVERSON, TAYLOR, MORTENSEN & SANDERS

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AKERMAN LLP

appropriate and agree summary judgment briefs shall be due September 16, 2019.

AKERMAN LLP

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

Based on the remand, the parties stipulate that re-filing summary judgment motions is

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/s/ Kurt Bonds
KURT R. BONDS, ESQ.
Nevada Bar No. 6228
6605 Grand Montecito Parkway, Suite 200
Las Vegas, NV 89149
Attorneys for Montecito Village Community
Association

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ORDER
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IT IS SO ORDERED:
_________________________________________
UNITED STATES DISTRICT COURT JUDGE

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August 29, 2019
DATED: _________________________________

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49740112;1