The Bank of New York Mellon v. Stone Canyon West Homeowners Association et al

Filing 74

ORDER granting 73 Stipulation re Notices of Rule 30(b)(6); Signed by Magistrate Judge Carl W. Hoffman on 4/4/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 1 of 6

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
THERA A. COOPER, ESQ.
Nevada Bar No. 13468
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon f/k/a The Bank of New York, as Successor in Interest to
JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR6,
Mortgage Pass-Through Certificates, Series 2006-AR6, Nationstar Mortgage LLC, and Bank of
America, N.A.

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UNITED STATES DISTRICT COURT

AKERMAN LLP

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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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK, AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE BANK,
N.A., AS TRUSTEE FOR STRUCTURED
ASSET MORTGAGE INVESTMENTS II
TRUST 2006-AR6, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006AR6,
Plaintiff,

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vs.
STONE CANYON WEST HOMEOWNERS
ASSOCIATION and SFR INVESTMENTS
POOL 1, LLC,
Defendants.

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44297698;1

Case No.: 2:16-cv-01904-GMN-CWH
STIPULATION AND ORDER RE:
NOTICES
OF
RULE
30(b)(6)
DEPOSITIONS OF THE BANK OF NEW
YORK MELLON F/K/A THE BANK OF
NEW YORK, AS SUCCESSOR IN
INTEREST TO JPMORGAN CHASE
BANK, N.A., AS TRUSTEE FOR
STRUCTURED ASSET MORTGAGE
INVESTMENTS II TRUST 2006-AR6,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2006-AR6 AND
NATIONSTAR MORTGAGE LLC

Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 2 of 6

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SFR INVESTMENTS POOL 1, LLC, LLC, a
Nevada limited liability company,
Counter/Cross Claimant,

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vs.

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK, AS SUCCESSOR
IN INTEREST TO JPMORGAN CHASE BANK,
N.A., AS TRUSTEE FOR STRUCTURED
ASSET MORTGAGE INVESTMENTS II
TRUST 2006-AR6, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006AR6; NATIONSTAR MORTGAGE LLC; BANK
OF AMERICA, N.A., a national banking
association; JUAN A. CHACON, an individual,

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Counter/Cross Defendants.

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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STONE CANYON WEST HOMEOWNERS
ASSOCIATION,

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Third Party Plaintiff,

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vs.

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NEVADA ASSOCIATION SERVICES, INC.

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Third Party Defendant.

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Plaintiff and counter- and cross-defendant Bank of New York Mellon f/k/a The Bank of New

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York, as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage

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Investments II Trust 2006-AR6 (BNYM) and defendant and counter- and cross-claimant SFR

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Investments Pool 1, LLC (SFR) stipulate as follows:
1.

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February 5, 2018. The deposition is scheduled for April 4, 2018.
2.

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SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on BNYM on

SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on Nationstar on

February 5, 2018. The deposition is scheduled for April 4, 2018.
3.

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SFR served a substantially similar notice of Rule 30(b)(6) deposition on Bank of

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America, N.A. (BANA) in Bank of Am., N.A. v. Falcon Pointe Ass'n et al, D. Nev. Case. No. 2:16-cv-

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00814-GMN-CWH, last December. BANA initially disputed seven of the thirteen noticed topics: (1)
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44297698;1

Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 3 of 6

information concerning what investigation, if any, BANA made into title or encumbrances before

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acquiring an interest in the deed of trust; (3) topic 7, which seeks information concerning what

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investigation, if any, BANA made into title or encumbrances before the HOA's foreclosure sale; (4)

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topic 8, which seeks information concerning BANA's acquisition of its interest in the note and deed of

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trust; (5) topic 9, which seeks information concerning BANA's "knowledge regarding creation,

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execution and recording" of the recorded assignment(s); (6) topic 11, which seeks information

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concerning BANA's communications with its "predecessor in interest" regarding the HOA's CC&Rs

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"and title or encumbrances;" and (7) topic 12, which seeks information concerning "[a]l facts and

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AKERMAN LLP

topic 5, which seeks information concerning BANA's alleged damages; (2) topic 6, which seeks

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1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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circumstances in which [BANA] contend[s] that [the HOA] and its foreclosure agent failed to comply"

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with NRS chapter 116 in conducting the foreclosure sale (collectively, the disputed topics).

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4.

BNYM, Nationstar and SFR met and conferred concerning the disputed topics pursuant

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to L.R. 26-7 in connection SFR's deposition notice in Falcon Pointe. SFR agreed to limit or withdraw

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four of the seven disputed topics based on the meet and confer. To avoid unnecessary fees and costs,

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BNYM, Nationstar and SFR stipulate to apply the agreement reached in the Falcon Pointe meet and

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confer to SFR's notice of deposition in this case as set forth below:

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a.

that revealed Stone Canyon West Homeowners Association's lien.

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Topic 6: SFR's inquiry into topic 6 shall be limited to investigations into title

b.

Topic 7: SFR's inquiry into topic 7 shall be limited to investigations into title

that revealed Stone Canyon West Homeowners Association's lien.

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c.

Topic 11: SFR's inquiry into topic 11 shall be limited to communications

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between BNYM and its "predecessor in interest" regarding Stone Canyon West Homeowners

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Association's foreclosure notices, CC&Rs and lien.

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d.

Topic 12: SFR has already or will seek the information it seeks to obtain through

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deposition topic 12 via an interrogatory. BNYM and Nationstar agree to substantively respond to SFR's

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interrogatory subject to any written objections. SFR will withdraw deposition topic 12 when BNYM

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serves its interrogatory response.

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5.

BANA and SFR were unable to resolve their dispute concerning the remaining three
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Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 4 of 6

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disputed topics (i.e., topics 5, 8 and 9) during their Falcon Pointe meet and confer but, to avoid litigation

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costs and unnecessarily burdening the Court with substantially-similar motions for protective order,

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agreed BANA would file only one motion per judicial combination (e.g., BANA would file a motion in

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Falcon Pointe, but would not file one in other cases assigned to Judges Navarro and Hoffman in which

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SFR served a deposition notice on BANA containing these same three topics), and the parties will apply

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the Court's ruling in other similarly-situated cases. BANA moved for a protective order in Falcon Pointe

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on January 24, 2018. The motion remains pending.

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6.

Pursuant to the agreement reached in the Falcon Pointe meet and confer, BNYM and

AKERMAN LLP

SFR agree the Court's order on BANA's motion for protective order in Falcon Pointe, D. Nev. Case No.

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1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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2:16-cv-00814, ECF No. 93, shall apply to SFR's notice of deposition in this case. SFR further stipulates

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BNYM's deposition in this case is stayed as to all topics pending the Court's ruling on BANA's motion

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for protective order in Falcon Pointe. SFR and BNYM will confer about a mutually-agreeable

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deposition date once an order enters in Falcon Pointe.

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Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 5 of 6

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7.

BNYM, Nationstar, and SFR jointly request the Court approve this stipulation as an order

of the Court.

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Dated this 30th day of March, 2018.

Dated this 30th day of March, 2018.

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AKERMAN LLP

KIM GILBERT EBRON

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/s/ Thera A. Cooper
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
THERA A. COOPER, ESQ.
Nevada Bar No. 11015
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

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AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for The Bank of New York Mellon f/k/a
The Bank of New York, as Successor in Interest
to JPMorgan Chase Bank, N.A., as Trustee for
Structured Asset Mortgage Investments II Trust
2006-AR6, Mortgage Pass-Through Certificates,
Series 2006-AR6, Nationstar Mortgage LLC,
and Bank of America, N.A.

Attorneys for counter- and cross-claimant 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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April 4, 2018
DATED:_______________________________

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44297698;1

Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 6 of 6

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that I am an employee of Akerman LLP, and that on this 30th day of

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March, 2018, service of the foregoing STIPULATION AND ORDER RE: NOTICE OF RULE

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30(b)(6) DEPOSITION OF THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW

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YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE

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FOR

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MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR6, was made pursuant to

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FRCP 5(b) and electronically transmitted to the Clerk's Office using the CM/ECF system for filing and

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transmittal to all interested parties:

STRUCTURED

ASSET

MORTGAGE

INVESTMENTS

II

TRUST

AKERMAN LLP

1635 Village Center Circle, Suite 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Jared P. Green, Esq.
Dylan P. Todd, Esq.
MCCORMICK BARSTOW LLP
8337 W. Sunset Road, Suite 350
Las Vegas, NV 89113

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Attorneys for Stone Canyon West Homeowners Association

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Diana S. Ebron, Esq.
Howard C. Kim, Esq.
Karen L. Hanks, Esq.
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Attorneys for SFR Investments Pool 1, LLC

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/s/ Erin Surguy
An Employee of Akerman LLP

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44297698;1

2006-AR6,