The Bank of New York Mellon v. Manchester at Huntington Homeowners Association et al

Filing 85

ORDER Granting 84 Stipulation for Extension of Time re 79 Minute Order (Second Request). Dismissal papers must be filed by 9/18/2020. Signed by Magistrate Judge Nancy J. Koppe on 7/21/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-02175-JAD-NJK Document 84 Filed 07/20/20 Page 1 of 4
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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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[phone] FAX [phone]

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

KIM GILBERT EBRON

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THE BANK OF NEW YORK MELLON
Case No. 2:16-cv-02175-JAD-NJK
F/K/A THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWABS, INC., STIPULATION AND ORDER TO EXTEND
ASSET BACKED CERTIFICATES, SERIES DEADLINE TO FILE DISMISSAL
2005-AB2,

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Plaintiff,

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vs.

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MANCHESTER AT HUNTINGTON
HOMEOWNERS ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; and RMI
MANAGEMENT LLC DBA RED ROCK
FINANCIAL SERVICES,

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Defendants.
MANCHESTER AT HUNTINGTON
HOMEOWNERS ASSOCIATION,
Cross-Claimant,

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vs.

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RMI MANAGEMENT LLC DBA RED
ROCK FINANCIAL SERVICES, LLC,

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Cross-Defendant.

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SFR INVESTMENTS POOL 1, LLC, a
Nevada limited liability company,

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Counterclaimant/Cross-Claimant,
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Case 2:16-cv-02175-JAD-NJK Document 84 Filed 07/20/20 Page 2 of 4
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vs.
THE BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWABS, INC.,
ASSET BACKED CERTIFICATES, SERIES
2005-AB2; U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR
JPMORGAN MORTGAGE ACQUISITION
TRUST 2006-CW1; and LEVON ADJARIAN,
an individual,

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Counter-Defendant/Cross-Defendants.
RMI MANAGEMENT LLC DBA RED
ROCK FINANCIAL SERVICES,
Cross-Claimant,

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[phone] FAX [phone]

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

KIM GILBERT EBRON

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vs.
MANCHESTER AT HUNTINGTON
HOMEOWNERS ASSOCIATION,
Cross-Defendant.

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STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DISMISSAL

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The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the

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Certificateholders of CWABS, Inc., Asset Backed Certificates, Series 2005-AB2 (“BoNYM”)

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and SFR Investments Pool 1, LLC (“SFR”) by and through their counsel of record, have reached

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a settlement in principle as to the claims between BoNYM and SFR and the settlement agreement

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has been executed.. Additionally, Manchester at Huntington Homeowners Association

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(“Association”) and BoNYM continue settlement discussions.

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In the parties April 21, 2020, Joint Response to the Order filed January 23, 2020, the Parties

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requested an extension to July 20, 2020, to file a status report or dismissal documents. This

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extension was to allow SFR to perform a condition precedent to the global settlement between

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SFR and Bank of America, which encompasses the property at issue in this litigation. It was also

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to allow continued settlement discussions between the Association and BoNYM. A minute order

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granting the extension was entered on April 22, 2020.

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Case 2:16-cv-02175-JAD-NJK Document 84 Filed 07/20/20 Page 3 of 4
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Due to the ongoing Covid-19 crisis, SFR has been unable to complete the settlement

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condition precedent and Bank of America has agreed to extend the time to complete it. Therefore,

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the parties hereby stipulate and agree to extend the deadline to dismiss an additional sixty (60)

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days to September 18, 2020. This will allow additional time for SFR to complete the condition

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precedent to the settlement as well as allow BoNYM and Association to continue settlement

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discussions.

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This is the parties’ second request to extend the status report/dismissal deadline and is not
meant to cause harm or prejudice to any party.
DATED this __20th__ day of July, 2020.
KIM GILBERT EBRON

DATED this _20th___ day of July, 2020.
AKERMAN, LLP

/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89139
Phone: [phone]
Fax: [phone]
Attorneys for SFR Investments Pool 1, LLC

/s/Nicholas E. Belay
Nicholas E. Belay, Esq.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Phone: [phone]
Fax: [phone]
Attorneys for The Bank of New York Mellon

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[phone] FAX [phone]

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

KIM GILBERT EBRON

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DATED this _20th___ day of July, 2020.
LEACH KERN GRUCHOW ANDERSON SONG
/s/ Ryan D. Hastings
Ryan D. Hastings.
Nevada Bar No. 12394
E-mail: [e-mail]
2525 Box Canyon Drive
Las Vegas, NV 89128
Telephone: [phone]
Facsimile: [phone]
Attorneys for Manchester at Huntington
Homeowners Association

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ORDER
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NO FURTHER EXTENSIONS
WILL BE GRANTED.

IT IS SO ORDERED.
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Dated: July 21, 2020___________, 2020.
Dated this ____ day of

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________________________________
UNITED STATES JUDGE Judge
United States Magistrate

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