Bank Of New York Mellon v. Royal Highlands Street and Landscape Maintenance Corporation et al

Filing 80

ORDER Granting 79 Stipulation to Clarify Renewed Summary Judgment Briefing Deadlines. Motions due by 12/20/2018. Responses due by 1/10/2019. Replies due by 1/24/2019. Signed by Judge James C. Mahan on 11/19/2018. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01993-JCM-PAL Document 79 Filed 11/14/18 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for The Bank of New York Mellon f/k/a
The Bank of New York as Successor to JPMorgan
Chase Bank, N.A., as Trustee for the Holders of
SAMI II Trust 2006-AR7

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA

AKERMAN LLP

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

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS SUCCESSOR
TO JPMORGAN CHASE BANK, N.A., AS
TRUSTEE FOR THE HOLDERS OF SAMI II
TRUST 2006-AR7,

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Case No.: 2:16-cv-01993-JCM-PAL
STIPULATION TO CLARIFY RENEWED
SUMMARY JUDGMENT BRIEFING
DEADLINES

Plaintiff,

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vs.

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ROYAL
HIGHLANDS
STREET
AND
LANDSCAPE
MAINTENANCE
CORPORATION; SFR INVESTMENTS POOL
1, LLC; and ALESSI & KOENIG, LLC,

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Defendants.
SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company,
Counterclaimant/Cross-Claimant,

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vs.
THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS SUCCESSOR
TO JPMORGAN CHASE BANK, N.A., AS
TRUSTEE FOR THE HOLDERS OF SAMI II
TRUST 2006-AR7; and LOIS HAUGABOOK
DORSEY, an individual,
Counter-Defendants/Cross-Defendant.

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46748296;1

Case 2:16-cv-01993-JCM-PAL Document 79 Filed 11/14/18 Page 2 of 3

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

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of New York as Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the Holders of

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SAMI II Trust 2006-AR7 (BoNYM) and defendant/counterclaimant/cross-claimant SFR

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Investments Pool 1, LLC (SFR) hereby stipulate and agree as follows:

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1.

BoNYM and SFR filed motions for summary judgment on November 20, 2017 (ECF

Nos. 57 and 58, respectively).

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2.

In light of the Nevada Supreme Court's decision in Nationstar Mortgage, LLC v.

the parties filed a stipulation requesting leave to file supplemental briefing and to withdraw summary

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judgment motions and responses previously filed by the parties (the original stipulation). (ECF No.

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AKERMAN LLP

Saticoy Bay LLC Series 2227 Shadow Canyon, 405 P.3d 641 (Nev. 2017), on December 11, 2017,

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

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62.) The parties stipulated to file new motions for summary judgment on December 20, 2017,

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responses by January 10, 2018, and replies by January 24, 2018. (Id.)

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3.

The Court granted the original stipulation on August 22, 2018, and the parties'

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summary judgment briefing was withdrawn. (ECF No. 74.) However, the deadlines set forth in the

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original stipulation passed before the stipulation was granted and further conflict with the dates

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stated on the Court's docket. (See Docket Entry for ECF No. 74.) The August 22 order sets the

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deadlines for new motions for summary judgment as December 20, 2017, responses as January 10,

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2018, and replies as January 24, 2018. The docket entry sets the deadlines for new motions for

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summary judgment as December 20, 2018, responses as January 10, 2019, and replies as January 24,

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2019.

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4.

In an effort to clarify the new deadlines, the parties now stipulate to and propose the

following:

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a. New motions for summary judgment shall be filed no later than December 20,

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2018;

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...

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...

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...

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...
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46748296;1

Case 2:16-cv-01993-JCM-PAL Document 79 Filed 11/14/18 Page 3 of 3

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b. Responses to the new motions for summary judgment shall be filed no later than

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January 10, 2019;

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c. Replies in support of the new motions for summary judgment shall be filed no

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later than January 24, 2019.
DATED November 14th, 2018.

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AKERMAN LLP

KIM GILBERT EBRON

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/s/ Donna M. Wittig
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

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

Attorneys for Bank of New York Mellon f/k/a The
Bank of New York as Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee for the
Holders of SAMI II Trust 2006-AR7

Attorneys for SFR Investments Pool 1, LLC

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AKERMAN LLP

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

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IT IS SO ORDERED.

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U.S. DISTRICT COURT JUDGE

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November 19, 2018

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DATED:

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