U.S. Bank NA v. Eagle Investors et al

Filing 32

ORDER Granting 31 Stipulation to Temporarily Stay Litigation. See Order for details/deadlines. Signed by Judge James C. Mahan on 11/28/2017. (Copies have been distributed pursuant to the NEF - MR)

1 Abran E. Vigil
Nevada Bar No. 7548
2 Justin A. Shiroff
Nevada Bar No. 12869
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff U.S. Bank

NA, successor trustee to Bank of

8 America, NA, successor in interest

to LaSalle Bank, NA, as trustee, on

9 behalf of the holders of the

Washington Mutual Mortgage

10 Pass-Through Certificates,

WMALT Series 2007-OA5

LAS VEGAS, NEVADA 89106

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[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14 U.S. BANK NA, SUCCESSOR TRUSTEE
TO BANK OF AMERICA, NA,
15 SUCCESSOR IN INTEREST TO
LASALLE BANK, NA, AS TRUSTEE, ON
16 BEHALF OF THE HOLDERS OF THE
WASHINGTON MUTUAL MORTGAGE
17 PASS-THROUGH CERTIFICATES,
WMALT SERIES 2007-OA5,
18
Plaintiff,
19
vs.
20
EAGLE INVESTORS, a Nevada
21 corporation; SHADOW SPRINGS
COMMUNITY ASSOCIATION, a Nevada
22 non-profit corporation,
23

Defendants.

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DMWEST #17263752 v1

Case No. 2:16-cv-02785-JCM-NJK

JOINT MOTION AND STIPULATION
TO TEMPORARILY STAY
LITIGATION

1

SHADOW SPRINGS COMMUNITY
2 ASSOCIATION,
Third-Party Plaintiff,

3
4 v.

5 RED ROCK FINANCIAL SERVICES,
LLC,
6
Third-Party Defendant.
7
8 EAGLE INVESTORS,
9

Counterclaimant,

LAS VEGAS, NEVADA 89106

[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

10 v.
11 U.S. BANK NA, SUCCESSOR TRUSTEE
TO BANK OF AMERICA, NA,
12 SUCCESSOR IN INTEREST TO
LASALLE BANK, NA, AS TRUSTEE, ON
13 BEHALF OF THE HOLDERS OF THE
WASHINGTON MUTUAL MORTGAGE
14 PASS-THROUGH CERTIFICATES,
WMALT SERIES 2007-OA5,
15
Counter-defendant.
16
17
18

Plaintiff U.S. Bank NA, Successor Trustee to Bank of America, NA, Successor

19 in Interest to LaSalle Bank, NA, as Trustee, on behalf of the Holders of the
20 Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2007-OA5
21 (the “Trust”), Defendant Eagle Investors, Defendant Shadow Springs Community
22 Association (the “HOA”), and Third-party Defendant Red Rock Financial Services,
23 LLC (“Red Rock”) (collectively the “Parties”), by and through their respective
24 counsel, hereby move and stipulate to temporarily stay litigation in this case. In
25 support of this motion and stipulation, the Parties state as follows:
26

1.

This is a quiet title action arising from a homeowners’ association

27 foreclose sale (the “Sale”) of residential property located at 3225 Edinboro Ridge
28 Avenue, North Las Vegas, Nevada, APN 124-25-510-036 (the “Property”).
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DMWEST #17263752 v1

2.

1

The Parties have been engaged in settlement negotiations in an

2 attempt to entirely resolve this case without further litigation.
3.

3

The discovery cut-off in this case is currently December 6, 2017. In an

4 effort to preserve the resources of the Parties and the Court, before the Parties
5 proceed with additional discovery and dispositive motions, the Parties would like to
6 continue settlement negotiations.
4.

7

The Parties request a temporary stay of litigation to conclude

8 negotiations and attempt to resolve this case.
5.

9

Therefore, pursuant to the inherent authority of this Court, the Parties

10 hereby stipulate and agree as follows:
a.

All proceedings in the instant case, including motion and other

LAS VEGAS, NEVADA 89106

12
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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litigation and discovery deadlines, are stayed for three (3) months from the

13

date of an order granting this joint motion;
b.

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After the expiration of the foregoing period described in (5)(a),

the stay shall be automatically lifted;

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c.

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Prior to the automatic expiration of the foregoing period

described in (5)(a), any party may unilaterally move to lift the stay;

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d.

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The Parties or any party shall submit a status report to the

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Court every forty-five (45) days after the date of an order granting this joint

20

motion;

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e.

Upon lifting of the stay, the Parties shall have two (2) months to

finish discovery. All discovery previously issued must be re-served.

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DMWEST #17263752 v1

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Dated this 22nd day of November, 2017.

Dated this 22nd day of November,

BALLARD SPAHR LLP

2017.

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AYON LAW, PLLC

By:/s/ Justin A. Shiroff
Abran E. Vigil
Nevada Bar No. 7548
Justin A. Shiroff
Nevada Bar No. 12869
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106

By:/s/ Luis A. Ayon
Luis A. Ayon, Esq.
9205 West Russell Road
Building 3, Suite 240
Las Vegas, Nevada 89148

Attorneys for Plaintiff and CounterDefendant the Trust

Attorneys
Investors

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Dated this 22nd day of November, 2017.

Dated this 22nd day of November,

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KOCH & SCOW LLC

2017.

9

for

Defendant

Eagle

LAS VEGAS, NEVADA 89106

[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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PENGILLY LAW FIRM

By:/s/ Steven B. Scow
David R. Koch, Esq.
Steven B. Scow, Esq.
Brody R. Wight, Esq.
11500 South Eastern Avenue, Suite 210
Henderson, Nevada 89052

By:/s/ Elizabeth B. Lowell
James W. Pengilly, Esq.
Elizabeth B. Lowell, Esq.
1995 Village Center Cir., Suite 190
Las Vegas, Nevada 89134

Attorneys for Defendant/CrossDefendant/Counterclaimant Red Rock
Financial Services

Attorneys for Shadow Springs
Community Association

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES DISTRICT JUDGE

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November 28, 2017
DATED: ___________________

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