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

Filing 129

ORDER granting ECF No. 128 Stipulation to Extend Time to File replies to ECF Nos. 120 Joinder to 119 Motion for Summary Judgment and 121 Motion for Summary Judgment. replies will be due the same time as Fannie Mae's and BAN A's reply supporting their motion for summary judgment, once that date is established in accordance with the 9/18/2018 Stipulation and Order. These new reply deadlines and will be submitted with and made part of the briefing schedule set to be filed within 5 days after ECF No. 87 is decided. Signed by Judge Miranda M. Du on 2/11/2019. (Copies have been distributed pursuant to the NEF - KW)

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
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
DISTRICT OF NEVADA

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 7-1, Plaintiffs / Counter-Defendants, BANK

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OF AMERICA, N.A. (“BANA”) and FEDERAL NATIONAL MORTGAGE ASSOCIATION’S

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(“Fannie Mae”), Defendant / Counterclaimant / Cross-Claimant, SFR INVESTMENTS POOL 1,

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LLC (“SFR”), Defendant Absolute Collection Services, LLC (“Absolute”) and Defendant

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SANTA BARBARA HOMEOWNERS ASSOCIATION (“Association”) (collectively, the

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“Parties”), by and through their respective undersigned counsel of record, hereby stipulate and

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agree to coordinate briefing deadlines and extend the deadlines as set forth herein:

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[phone] FAX [phone]

KIM GILBERT EBRON

Case No. 2:16-cv-02768-MMD-CWH

STIPULATION AND ORDER TO EXTEND
TIME FOR:
(1) SFR INVESTMENTS POOL 1, LLC TO
FILE A REPLY SUPPORTING ITS
Plaintiffs,
MOTION FOR SUMMARY JUDGMENT
vs.
[ECF NO. 121]; AND
(2) ABSOLUTE COLLECTION SERVICES,
SANTA BARBARA HOMEOWNERS
ASSOCIATION; SFR INVESTMENTS POOL LLC TO FILE A REPLY SUPPORTING
ITS JOINDER TO SANTA BARBARA
1, LLC; ABSOLUTE COLLECTION
HOMEOWNERS ASSOCIATION’S
SERVICES, LLC,
MOTION FOR SUMMARY JUDGMENT
Defendants.
[ECF NO. 120]
(First Request)
AND RELATED CLAIMS

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

BANK OF AMERICA, N.A., successor by
merger to BAC HOME LOANS SERVICING,
LP fka COUNTRYWIDE HOME LOANS
SERVICING, LP and FEDERAL NATIONAL
MORTGAGE ASSOCIATION,

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1.

On August 31, 2018, Fannie Mae and BANA filed their motion for summary

judgment. ECF No. 84.
2.

On September 4, 2018, SFR filed countermotions to strike and for FRCP Rule 56(d)

relief in response to Fannie Mae and BANA's motion for summary judgment. ECF Nos. 85, 86.
3.

On September 7, 2018, Fannie Mae filed a motion to stay discovery or in

the alternative emergency motion to quash the notice of deposition and/or for a protective order to
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limit SFR's 30(b)(6) deposition topics. ECF No. 87.
4.

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On September 12, 2018, Santa Barbara filed its opposition to Fannie Mae

and BANA’s motion for summary judgment. ECF No. 92.
5.

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On September 18, 2018, the Court entered a Stipulation and Order which extended

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the deadline for Fannie Mae and BANA to respond to SFR’s countermotions to October 12, 2018,

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and which directed the Parties to submit a briefing schedule within 5 days after ECF No. 87 is

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decided with respect to: (a) SFR’s deadline to respond to Fannie Mae and BANA's motion for

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summary judgment; and (b) Fannie Mae and BANA’s deadline to file a reply supporting their

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motion for summary judgment. ECF No. 94.
6.

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No. 119.
7.

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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On December 18, 2018, Santa Barbara filed its motion for summary judgment. ECF

On December 21, 2018, Absolute filed its joinder to Santa Barbara’s motion for

summary judgment. ECF No. 120.

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8.

On December 21, 2018, SFR filed its motion for summary judgment. ECF No. 121.

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The deadline for SFR’s and Absolute’s replies in support of their motions for

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summary judgment, and the deadline for Absolute’s reply in support of its joinder to Absolute’s

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motion for summary judgment, is February 8, 2019.
10.

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In order to harmonize the remaining summary judgment briefing with the schedule

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established in the September 18, 2018 Stipulation and Order, the Parties agree that SFR’s reply in

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support of its motion for summary judgment [ECF No. 121], and Absolute’s reply in support of its

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joinder to Santa Barbara’s motion for summary judgment [ECF No. 120], will be due the same

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time as Fannie Mae’s and BANA’s reply supporting their motion for summary judgment, once

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that date is established in accordance with the September 18, 2018 Stipulation and Order. These

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new reply deadlines and will be submitted with and made part of the briefing schedule set to be

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filed within 5 days after ECF No. 87 is decided. 1

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///

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Santa Barbara has already filed its reply in support of its motion for summary judgment [ECF
No. 127], and has agreed the instant stipulation.
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11.

The additional time is necessary because the discovery issues pending in ECF No.

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87 have not been resolved, and the instant stipulation will harmonize the briefing of all pending

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summary judgment motions and allow coordinated briefing once ECF No. 87 has been decided.

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12.

This is the first request for an enlargement of time of the subject deadlines. The

Parties stipulate to the foregoing in good faith and not for purposes of delay.

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Dated this 8th day of February, 2019.

Dated this 8th day of February, 2019.

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KIM GILBERT EBRON

AKERMAN, LLP

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/s/ Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
7625 Dean Martin Dr., Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

/s/ Darren T. Brenner
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Attorneys for Plaintiff Bank of America, N.A.,
and Federal National Mortgage Association

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Dated this 8th day of February, 2019.

Dated this 8th day of February, 2019.

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BOYACK ORME & ANTHONY

ABSOLUTE COLLECTION SERVICES, LLC

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/s/Colli McKiever
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
COLLI MCKIEVER, ESQ.
Nevada Bar No. 13724
7432 W Sahara Ave., Ste. 101
Las Vegas, NV 89117
Attorneys for Defendant Santa Barbara
Homeowners Association

/s/ Shane D. Cox
SHANE D. COX, ESQ.
Nevada Bar No. 13852
8440 W Lake Mead Blvd., Ste 210
Las Vegas, NV 89128

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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Attorney for Absolute Collection Services, LLC

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DATED: February 11, 2019

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