Bank of New York Mellon v. D'Andrea Community Association et al

Filing 66

ORDER Granting 65 Stipulation to Continue Settlement Conference and Settlement Statement Deadline. The Court will enter a separate order resetting the settlement conference. Signed by Magistrate Judge Daniel J. Albregts on 12/4/2019. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02179-JAD-DJA Document 65 Filed 12/02/19 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, NV 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 Inc.
Mortgage Pass Through Certificates, Series 2006AR2

AKERMAN LLP

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

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UNITED STATES DISTRICT COURT

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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 INC. MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006AR2,

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STIPULATION AND ORDER TO MOVE
SETTLEMENT CONFERENCE DATE
(FIRST REQUEST)

Plaintiff,

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Case No.: 2:16-cv-02179-JAD-DJA

vs.
D'ANDREA COMMUNITY ASSOCIATION;
LVDG LLC SERIES 110; THUNDER
PROPERTIES, INC. and ALESSI & KOENIG,
LLC,

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Defendants.

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Plaintiff The Bank of New York Mellon f/k/a The Bank of New York as Successor in Interest

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to JPMorgan Chase Bank, N.A. as Trustee for Structured Asset Mortgage Investments II Inc.

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Mortgage Pass Through Certificates, Series 2006-AR2 (BoNYM) and defendants D'Andrea

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Community Association (D'Andrea), LVDG LLC Series 110 (LVDG) and Thunder Properties, Inc.

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(Thunder) respectfully submit this stipulation to vacate the current settlement conference setting on
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50959296;1

Case 2:16-cv-02179-JAD-DJA Document 65 Filed 12/02/19 Page 2 of 3

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December 16, 2019, including the settlement statement deadline of December 5, 2019, and continue

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the conference to the first available date convenient for the court.

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I.

CASE BACKGROUND.

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This dispute relates to an HOA foreclosure sale on property located at 2465 Tuscan Way,

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Sparks, Nevada 89434. BoNYM asserts that its deed of trust was not extinguished by the sale and

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seeks quiet title declaratory relief to that effect. LVDG and Thunder contend that the deed of trust

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was extinguished as a matter of law by the HOA foreclosure sale. Alternatively, LVDG and

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Thunder contend that the deed of trust was extinguished as a matter of law 10 years after the

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associated debt became fully due and owing pursuant to NRS 106.240.

AKERMAN LLP

The district court already heard summary judgment motions and oral argument. Following

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

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the summary judgment hearing, the court referred this case for a settlement conference, which is

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scheduled for December 16, 2019. Since then, counsel for BoNYM and LVDG/Thunder has been

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discussing the need for limited discovery on the issue of NRS 106.240, specifically, whether the

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mortgage loan was accelerated and/or decelerated. BoNYM agreed to disclose its loan file upon the

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issuance of a stipulated protective order, which was entered December 2, 2019.

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LVDG/Thunder want to depose BoNYM.

Counsel for

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Given the limited time before the upcoming settlement conference, BoNYM is unable to find

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a witness on such short notice. The parties proposed BoNYM's deposition occur December 16,

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2019, the date of the settlement conference, given BoNYM has a witness available on that day.

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BoNYM confirmed the same witness could serve as BoNYM's Rule 30(b)(6) deponent, assuming

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LVDG/Thunder send proposed topics in time for the witness to prepare.

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Case 2:16-cv-02179-JAD-DJA Document 65 Filed 12/02/19 Page 3 of 3

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In an effort to accommodate LVDG/Thunder's request for deposition, the parties respectfully

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request the current settlement conference date of December 16, 2019, be rescheduled at a date and

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time convenient for the court.

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DATED December 2nd, 2019.

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AKERMAN LLP

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

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AKERMAN LLP

ROGER P. CROTEAU & ASSOCIATES, LTD.

/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/ Timothy E. Rhoda
ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148

Attorneys for The Bank of New York Mellon

Attorneys for LVDG LLC Series 110 and Thunder
Properties, Inc.

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BOYACK ORME & ANTHONY

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/s/ Colli C. McKiever
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
COLLI C. MCKIEVER, ESQ.
Nevada Bar No. 13724
7432 West Sahara Avenue, Suite 101
Las Vegas, Nevada 89117

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Attorneys
for
Association

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D'Andrea

Community

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IT IS SO ORDERED.
IT IS SO ORDERED. The Court will enter a separate order resetting the
settlement conference.

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DATED this 4th day of December, 2019.
______________________________________

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UNITED STATES MAGISTRATE JUDGE
_________________________
Daniel J. Albregts
United States Magistrate Judge
DATED:_______________________________

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