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

Filing 132

ORDER approving granting Stipulation to extend time (ECF No. 131 .) Defendant SFR's response to Plaintiff's motion for summary judgment (ECF No. 84 ) is due by 7/3/2019; Replies to Plaintiff's motion for summary judgment (ECF Nos. [ 84], 121 ) are due by 7/31/2019; Defendant Absolute's reply in support of its joinder (ECF No. 121 ) to Defendant Santa Barbara's motion for summary judgment (ECF No. 120 ) is due by 7/31/2019. Signed by Judge Miranda M. Du on 6/10/2019. (Copies have been distributed pursuant to the NEF - PAV)

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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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[phone] FAX [phone]

KIM GILBERT EBRON

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

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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,

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

STIPULATION AND ORDER TO EXTEND
TIME FOR:
(1) SFR INVESTMENTS POOL 1, LLC TO
RESPOND TO PLAINTIFFS’ MOTION
Plaintiffs,
FOR SUMMARY JUDGMENT [ECF NO.
vs.
84]
SANTA BARBARA HOMEOWNERS
(2) SFR INVESTMENTS POOL 1, LLC TO
ASSOCIATION; SFR INVESTMENTS POOL FILE A REPLY SUPPORTING ITS
1, LLC; ABSOLUTE COLLECTION
MOTION FOR SUMMARY JUDGMENT
SERVICES, LLC,
[ECF NO. 121];
Defendants.
(3) PLAINTIFFS TO FILE A REPLY
SUPPORTING THEIR MOTION FOR
AND RELATED CLAIMS
SUMMARY JUDGMENT [ECF NO. 84];
AND
(4) ABSOLUTE COLLECTION SERVICES,
LLC TO FILE A REPLY SUPPORTING ITS
JOINDER TO SANTA BARBARA
HOMEOWNERS ASSOCIATION’S
MOTION FOR SUMMARY JUDGMENT
[ECF NO. 120]
(Second Request)

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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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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

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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.

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4.

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

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

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

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

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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

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

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

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their motion for summary judgment. ECF No. 94.

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6.

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

No. 119.
7.

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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9.

On February 8, 2019, the Association filed its reply in support of its motion for

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summary judgment. ECF No. 127.
10.

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 Court enterer a Stipulation and

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Order on February 11, 2019, directing that SFR’s reply in support of its motion for summary

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judgment [ECF No. 121], and Absolute’s reply in support of its joinder to Santa Barbara’s motion

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for summary judgment [ECF No. 120], will be due the same time as Fannie Mae’s and BANA’s

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reply supporting their motion for summary judgment, once that date is established in accordance
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with the September 18, 2018 Stipulation and Order. ECF No. 129.
11.

On June 4, 2019, the Court entered an Order which: DENIED SFR’s motion to

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strike [ECF No. 85]; DENIED SFR’s motion for FRCP 56(d) relief [ECF No. 86]; GRANTED

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Fannie Mae’s and BANA’s joinder to stay discovery [ECF Nos. 87, 89]; DENIED Fannie Mae’s

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motion to quash [ECF No. 88]; DENIED BANA’s motion for protective order [ECF No. 90]; and

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DENIED SFR’s motion to stay [ECF No. 101]. ECF No. 130.

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12.

The June 4, 2019 Order also directed that per the February 11, 2019 Stipulation and

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Order [ECF No. 129], the Parties “must file the replies supporting their respective motions for

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summary judgment (ECF Nos. 84, 119, 121) within 5 days of when this order is entered.” ECF

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13.

The instant stipulation is necessary because of the apparent conflict between

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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No. 130 at 6:1-3.

the September 18, 2018 Stipulation and Order [ECF No. 94], and the June 4, 2019 Order

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[ECF No. 130]. The September 18, 2018 Stipulation and Order directed that SFR’s deadline to

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respond to Fannie Mae and BANA's motion for summary judgment, and Fannie Mae and BANA’s

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deadline to file a reply supporting their motion for summary judgment, were to be set via a briefing

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schedule to be submitted within 5 days after the motion to stay discovery [ECF No. 87] was

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decided. ECF No. 94, ¶ 7. However, while the June 4, 2019 Order resolves the motion to stay

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discovery, it does not address the deadline for SFR to file its as-yet-unfiled response to Fannie

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Mae and BANA’s motion for summary judgment, which also means that Fannie Mae and BANA

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cannot file a reply. This likewise affects the deadline for Absolute to file its reply in support of its

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joinder to Santa Barbara’s motion for summary judgment [ECF No. 120], which the February 11,

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2019 Stipulation and Order states is due the same time as Fannie Mae’s and BANA’s reply

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supporting their motion for summary judgment. ECF No. 129, ¶ 10.

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14.

In order to resolve these discrepancies, the Parties agree that: (1) SFR shall file its

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response to Fannie Mae and BANA's motion for summary judgment [ECF No. 84] by July 3,

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2019; (2) Fannie Mae, BANA, and SFR shall file their replies supporting their respective motions

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for summary judgment [ECF Nos. 84, 121] by July 31, 2019; and (3) Absolute shall file its reply

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in support of its joinder to Santa Barbara’s motion for summary judgment [ECF No. 120] by July
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31, 2019.
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This is the second 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 10th day of June, 2019.

Dated this 10th day of June, 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/ Tenesa S. Powell
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Plaintiff Bank of America, N.A.,
and Federal National Mortgage Association

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Dated this 10th day of June, 2019.

Dated this 10th day of June, 2019.

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BOYACK ORME & ANTHONY

ABSOLUTE COLLECTION SERVICES, LLC

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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 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
Attorney for Absolute Collection Services, LLC

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[phone] FAX [phone]

KIM GILBERT EBRON

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

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DATED: June 10, 2019

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