Bank of America, N.A. v. Carson Ranch East Homeowners Association et al

Filing 61

ORDER granting ECF No. 60 Stipulation : The default taken against Defendant Premier One will be set aside. FURTHER ORDERED that Defendants Premier One Holdings Inc. and Weisun Property Inc. will file an answer to Bank of America 9;s complaint (ECF No. 1 ) on or before August 6, 2018. FURTHER ORDERED that briefing as to Bank of America's summary judgment motion (ECF No. 54 ) is reopen for Defendants Premier One Holdings Inc. and Weisun Property Inc. to file an opposition. FURTHER ORDERED that Defendants Premier One Holdings Inc. and Weisun Property Inc. will file an opposition to Bank of America's summary judgment motion on or before August 6, 2018. FURTHER ORDERED that Bank of America and any other defendant may file a reply to Defendants' opposition on or before August 29, 2018. Signed by Judge Miranda M. Du on 7/30/2018. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 7 8 9 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 SCOTT R. LACHMAN ESQ. Nevada Bar No. 12016 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: scott.lachman@akerman.com Attorneys for Plaintiff Bank of America, N. A. Successor by Merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P. UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff, 15 16 vs. 17 Case No.: 2:16-cv-02192-MMD-CWH STIPULATION AND ORDER TO REOPEN BRIEFING ON BANK OF AMERICA, N.A.'S LIMITED MOTION FOR SUMMARY JUDGMENT AND SET ASIDE DEFAULT AS TO PREMIER ONE HOLDINGS INC. CARSON RANCH EAST HOMEOWNERS ASSOCIATION; PREMIER ONE HOLDINGS INC.; WEISUN PROPERTY INC., AND ABSOLUTE COLLECTION SERVICES, LLC, 18 19 Defendants. 20 21 22 23 24 25 26 27 28 Plaintiff Bank of America, N.A. (BANA) and Defendants Premier One Holdings Inc. and Weisun Property Inc. (collectively, Defendants) submit the following stipulation: 1. On September 16, 2016, Bank of America filed a quiet title action against Defendants, among others, arising out of an HOA foreclosure sale. [ECF No. 1]. 2. On November 7, 2017, a default by clerk was entered against Premier One Holdings Inc. [ECF No. 41]. 3. On April 5, 2018, Bank of America filed a limited motion for summary judgment based on the Federal Foreclosure Bar. [ECF No. 54]. 1 1 2 4. On June 15, 2018, Bank of America filed a notice of non-opposition to its summary judgment motion. [ECF No. 59]. 3 5. The court has not yet ruled of Bank of America's summary judgment motion. 4 6. Counsel for Bank of America has agreed to set aside the clerk's default against Premier One 5 and has also agreed to allow Defendants an opportunity to oppose Bank of America's 6 summary judgment motion. 7 7. Counsel for Defendants agrees to file an opposition to Bank of America's summary judgment 8 motion on or before August 6, 2018. Counsel for Bank of America agrees to file a reply on 9 or before August 29, 2018. 10 11 12 13 14 15 16 17 18 19 8. Counsel for Defendants agrees to file an answer to Bank of America's complaint on or before August 6, 2018. [ECF No. 1]. 9. IT IS HEREBY STIPULATED that the default taken against Defendant Premier One will be set aside. 10. IT IS HEREBY FURTHER STIPULATED that Defendants will file an answer to Bank of America's complaint on or before August 6, 2018. 11. IT IS HEREBY FURTHER STIPULATED that Defendants will file an opposition to Bank of America's summary judgment motion on or before August 6, 2018. 12. IT IS HEREBY FURTHER STIPULATED that Bank of America and any other defendant may file a reply to Defendants' opposition on or before August 29, 2018. 20 21 22 23 24 25 26 27 Dated: July 30, 2018 Dated: July 30, 2018 AKERMAN LLP HONG & HONG PLC /s/ Scott R. Lachman _____________ ARIEL E. STERN, ESQ. Nevada Bar No. 8276 SCOTT R. LACHMAN, ESQ. Nevada Bar No. 12016 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 /s/ Joseph Y. Hong JOSEPH Y. HONG, ESQ. Nevada Bar No. 5995 1980 Festival Plaza Dr., Suite 650 Las Vegas, Nevada 89135 Attorneys for Defendants Premier One Holdings Inc. and Weisun Property Inc. Attorneys for Plaintiff Bank of America, N.A. 28 2 1 2 3 ORDER IT IS HEREBY ORDERED that the default taken against Defendant Premier One will be set aside. 4 IT IS HEREBY FURTHER ORDERED that Defendants Premier One Holdings Inc. and 5 Weisun Property Inc. will file an answer to Bank of America's complaint [ECF No. 1] on or before 6 August 6, 2018. 7 IT IS HEREBY FURTHER ORDERED that briefing as to Bank of America's summary 8 judgment motion [ECF No. 54] is reopen for Defendants Premier One Holdings Inc. and Weisun 9 Property Inc. to file an opposition. 10 IT IS HEREBY FURTHER ORDERED that Defendants Premier One Holdings Inc. and 11 Weisun Property Inc. will file an opposition to Bank of America's summary judgment motion on or 12 before August 6, 2018. 13 14 IT IS HEREBY FURTHER ORDERED that Bank of America and any other defendant may file a reply to Defendants' opposition on or before August 29, 2018. 15 16 _____________________________________ U.S. DISTRICT COURT JUDGE Dated: July 30, 2018 17 18 19 20 21 22 23 24 25 26 27 28 3

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