Bank of America, N.A. v. Antelope Homeowners Association et al

Filing 50

ORDER Granting 49 Stipulation for Extension of Time re 41 Motion to Dismiss, 44 Joinder (Second Request). Responses due by 9/28/2018. Signed by Chief Judge Gloria M. Navarro on 9/18/2018. (Copies have been distributed pursuant to the NEF - MR)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
Bank of America, N.A.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AKERMAN LLP

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

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BANK OF AMERICA, N.A.;

Case No.: 2:16 cv 02280-GMN-NJK

Plaintiff,
vs.
ANTELOPE HOMEOWNERS ASSOCIATION;
DANNY AND TATIANNA LLC; THE JAMES
LUTZ TRUST; ABSOLUTE COLLECTIONS
SERVICES, LLC;
Defendants.

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STIPULATION AND ORDER TO EXTEND
TIME FOR BANK OF AMERICA, N.A.
TO RESPOND TO ANTELOPE
HOMEOWNERS' ASSOCIATION'S
MOTION TO DISMISS AND ABSOLUTE
COLLECTION SERVICES, LLC'S
JOINDER
[SECOND REQUEST]

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Plaintiff Bank of America, N.A. (BANA) and defendants Antelope Homeowners Association
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(HOA) and Absolute Collection Services, LLC (ACS) stipulate to extend the time for BANA to
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respond to HOA's motion to dismiss and ACS' joinder of the same to September 28, 2018. (ECF Nos.
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41 and 44)
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1.

BANA filed its complaint on September 28, 2016 asserting a quiet title/declaratory

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judgment, breach of NRS 116.1113, and wrongful foreclosure against HOA and ACS. (ECF No. 1)
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2.

HOA filed a motion to dismiss BANA's complaint on October 28, 2016. (ECF No. 15).

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BANA filed a response to HOA's motion to dismiss on November 14, 2016. (ECF No. 18)
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3.

The court entered an order staying this case pending exhaustion of all appeals of

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Bourne Valley Court Trust v. Wells Fargo Bank, 832 F.3d 1154 (9th Cir. 2016) on March 9, 2017.
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The order denied all pending motions, including HOA's motion to dismiss, without prejudice to refile

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the motions after the stay is lifted. (ECF No. 26)

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4.

The court entered an order lifting the stay on July 20, 2018. (ECF No. 35)

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5.

The court entered a scheduling order setting the close of discovery for January 16, 2019

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on August 8, 2018. (ECF No. 37)

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6.

HOA filed a motion to dismiss BANA's complaint on August 10, 2018. (ECF No. 41)

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ACS filed a joinder to HOA's motion to dismiss on August 14, 2018. (ECF No. 44) BANA's response

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to HOA's motion to dismiss and ACS's joinder is currently due by stipulation on September 7, 2018.

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(ECF No. 48)

AKERMAN LLP

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

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7.

Due to the number of cases which have become unstayed as a result of the resolution of

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the certified question, BANA wishes to have additional time to respond to HOA's motion to dismiss

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and ACS's joinder.

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8.

The parties stipulate to extending BANA's deadline to respond to HOA's motion to

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dismiss and ACS's joinder to September 28, 2018.

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9.

The parties do not file this stipulation with the intent to delay, but to ensure all parties

have adequate time to present their full cases in dispositive motion briefing.
Dated this 6th day of September, 2018

Dated this 6th day of September, 2018

AKERMAN LLP

ABSOLUTE
LLC

/s/ Vatana Lay
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for Plaintiff
Bank of America, N. A.

/s/ Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
8440 W. Lake Mead Blvd., Suite 210
Las Vegas, Nevada 89128
Attorney for Defendant Absolute
Collection Services, 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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COLLECTION

SERVICES,

Dated this 6th day of September, 2018

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LIPSON NEILSON P.C.
/s/ Karen Kao
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
KAREN KAO, ESQ.
Nevada Bar No. 14386
9900 Covington Cross Dr., Suite 120
Las Vegas, NV 89144
Attorneys for Antelope Homeowners Association

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IT IS SO ORDERED.

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DATED this ___ day of September, 2018.

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_______________________________

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Gloria M. Navarro, Chief Judge

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United States District Court

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