Bank Of New York Mellon v. Meister Park Homeowners Association et al

Filing 173

ORDER Granting 172 Stipulation to Stay Discovery. If the settlement conference is unsuccessful, BoNYM and Meister Park Homeowners Association will show cause why the stay should continue or submit a new scheduling order to complete any rem aining discovery within 14 days from the competition of the conference. SFR's response to the pending 167 Motion for Reconsideration should not be due until 9/22/2021, which is 30 days after the settlement conference. Signed by Magistrate Judge Elayna J. Youchah on 7/15/2021. (Copies have been distributed pursuant to the NEF - DRS)

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WRIGHT, FINLAY & ZAK, LLP
Darren T. Brenner, Esq.
Nevada Bar No. 8386
Aaron D. Lancaster, Esq.
Nevada Bar No. 10115
7785 W. Sahara Ave, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorney for Plaintiff/Counter-Defendant, The Bank of New York Mellon, fka Bank of New York,
as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2007-12T1,
Mortgage Pass-Through Certificates Series 12T1

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BANK OF NEW YORK MELLON, FKA
BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS OF CWALT,
INC., ALTERNATIVE LOAN TRUST 200712T1, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2007-12T1,

Case No.: 2:16-cv-01969-GMN-EJY
STIPULATION TO STAY DISCOVERY
AND EXTEND BRIEFING ON
BoNYM’S MOTION FOR
RECONSIDERATION

Plaintiff,
vs.
MEISTER PARK HOMEOWNERS
ASSOCIATION; NEVADA ASSOCIATION
SERVICES, INC.; SFR INVESTMENTS
POOL 1, LLC; DOE INDIVIDUALS I-X,
inclusive, and ROE CORPORATIONS I-X,
inclusive,

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Defendants.
______________________________________

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AND RELATED CLAIMS.

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This Stipulation is entered into by Plaintiff/Counter-Defendant The Bank of New York

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Mellon, fka Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative

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Loan Trust 2007-12T1, Mortgage Pass-Through Certificates Series 12T1 (BoNYM),

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Defendant/Counter/Cross-Claimant, SFR Investments Pool 1, LLC (SFR), and Defendant Meister

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Park Homeowners Association (HOA) by and through their counsel of record.

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This matter is set for a settlement conference on August 23, 2021. ECF No. 171. Currently,

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discovery remains open on BoNYM’s claim for violation of the Nevada Deceptive Trade Practices

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Act against the Meister Park Homeowners Association. BoNYM also recently filed a Motion for

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Reconsideration of this Court’s order granting summary judgment in SFR’s favor. ECF No. 167.

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In order to preserve party resources and promote the potential for economic resolution of

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this matter, the parties stipulate and agree that further discovery efforts should between BoNYM

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and Meister Park Homeowners Association be stayed until after the settlement conferences. If the

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settlement conference is unsuccessful, BoNYM and Meister Park Homeowners Association will

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show cause why the stay should continue or submit a new scheduling order to complete any

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remaining discovery within 14 days from the competition of the conference.

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Similarly, the parties stipulate and agree that in the event the settlement conference is

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unsuccessful, SFR’s response to the pending Motion for Reconsideration should not be due until

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Wednesday, September 22, 2021, which is 30 days after the settlement conference.

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DATED this 14th day of July, 2021.

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WRIGHT, FINLAY & ZAK, LLP

LEACH KERN GRUCHOW ANDERSON
SONG

/s/ Darren T. Brenner
Darren T. Brenner, Esq.
Nevada Bar No. 8386
Aaron D. Lancaster, Esq.
Nevada Bar No. 10115
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorney for Plaintiff/Counter-Defendant,
The Bank of New York Mellon, fka Bank of
New
York,
as
Trustee
for
the
Certificateholders
of
CWALT,
Inc.,
Alternative
Loan
Trust
2007-12T1,
Mortgage Pass-Through Certificates Series
12T1

/s/ T. Chase Pittsenbarger
Sean L. Anderson, Esq.
Nevada Bar No. 7259
T. Chase Pittsenbarger, Esq.
Nevada Bar No. 13740
601 South Seventh Street, 2nd Floor
Las Vegas, Nevada 89101
Attorneys for Defendant, Meister Park
Homeowners’ Association

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KIM GILBERT EBRON
/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Attorneys for Defendant/Counter/CrossClaimant, SFR Investments Pool 1, LLC

IT IS SO ORDERED:

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___________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED: July 15, 2021

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