HSBC Bank USA, N.A. v. Estrella II Homeowners Association et al

Filing 55

ORDER granting 52 Stipulation; Re: 50 Motion for Summary Judgment, 51 Motion for Summary Judgment, Replies due by 6/7/2019. Signed by Judge Richard F. Boulware, II on 6/3/2019. (Copies have been distributed pursuant to the NEF - JM)

Download PDF
1 2 3 4 5 6 7 WRIGHT, FINLAY & ZAK, LLP Christina V. Miller, Esq. Nevada Bar No. 12448 Lindsay D. Robbins, Esq. Nevada Bar No. 13474 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 lrobbins@wrightlegal.net Attorneys for Plaintiff/Counter/Cross –Defendant, HSBC Bank USA, NA, as Trustee for the LMT 2006-7 Trust Fund 8 IN THE UNITED STATES DISTRICT COURT 9 10 11 DISTRICT OF NEVADA HSBC BANK USA, N.A., AS TRUSTEE FOR THE LMT 2006-7 TRUST FUND, 12 Plaintiff, 13 14 15 16 17 vs. ESTRELLA II HOMEOWNERS’ ASSOCIATION, a Nevada non-profit corporation; SFR INVESTMENTS POOL I, LLC, a Nevada limited liability company; 18 Case No.: 2:17-cv-00016-RFB-GWF STIPULATION AND ORDER TO EXTEND OPPOSITIONS DEADLINE TO ESTRELLA II HOMEOWNERS’ ASSOCIATION’S MOTION FOR SUMMARY JUDGMENT [ECF NO. 50] AND SFR INVESTMENTS POOLS 1, LLC’S SECOND RENEWED MOTION FOR SUMMARY JUDGMENT [ECF NO. 51] (First Request) Defendants. 19 20 SFR INVESTMENTS POOL 1, LLC, 21 Counterclaimant/Cross-Claimant, 22 vs. 23 24 25 HSBC BANK USA, N.A., AS TRUSTEE FOR THE LMT 2006-7 TRUST FUND; ASHAR W. MUJTABA, an individual, Counter-Defendant/Cross-Defendant. 26 27 28 /// Page 1 of 4 1 COMES NOW Plaintiff/Counter-Defendant, HSBC Bank USA, N.A., as Trustee for the 2 LMT 2006-7 Trust Fund (hereinafter “HSBC”), Defendant/Counterclaimant, SFR Investments 3 Pool 1, LLC (“SFR”), and Defendant, Estrella II Homeowners Association (“HOA”), by and 4 5 6 7 through their undersigned and respective counsel of record, and hereby stipulate as follows: 1. On April 10, 2019, this Court lifted the stay of litigation and entered an expedited deadline and briefing schedule [ECF No 49] as follows: 8 a. Deadline to Complete Discovery: May 10, 2019 9 b. Dispositive Motion Deadlines: May 17, 2019 10 c. Deadline to File Responses to any Dispositive Motions: May 27, 2019 11 12 d. Deadline to File Replies to any Responses: June 3, 2019; 13 2. On May 17, 2019, the HOA filed its Motion for Summary Judgment [ECF No. 50] 14 and SFR filed its Second Renewed Motion for Summary Judgment [ECF No. 51]; 15 3. Based on the Court’s Minute Order setting the briefing schedule, HSBC’s deadline 16 17 18 to respond to the HOA’s and SFR’s respective Motions was May 27, 2019; 4. However, through clerical error, the deadline was incorrectly calendared to reflect 19 the normal briefing schedule and counsel for HSBC Bank calendared a deadline to 20 respond of June 7, 2019, which is twenty-one (21) days after the filing of motions for 21 22 23 24 summary judgment pursuant to Local Rule 7-2(b); 5. The Court’s Civil Docket for this matter also reflects a June 7, 2019 deadline in the Docket Text for the respective Motions; 25 6. Due to the inadvertent calendaring error, HSBC’s counsel is requesting and 26 additional four (4) days to file its responses to HOA’s and SFR’s Motions for 27 Summary Judgment, and thus requests up to May 31, 2019, to file its responses; 28 Page 2 of 4 7. Due to HSBC filing its response to the respective motions on May 31, 2019, the 1 2 parties request that the HOA’s and SFR’s replies to HSBC’s responses will be due 3 June 7, 2019, five (5) judicial calendar days after HSBC files its responses, the 4 period of time originally anticipated by the Court’s April 10, 2019 Minute Order 5 [ECF No. 49]; 6 8. Counsel for HOA and SFR do not oppose this extension; 7 8 /// 9 10 /// 11 12 13 /// 14 15 /// 16 17 18 /// 19 20 /// 21 22 23 /// 24 25 /// 26 27 /// 28 Page 3 of 4 1 9. This is the first request for an extension which is made in good faith and not for 2 purposes of delay. 3 IT IS SO STIPULATED. 4 5 6 7 8 9 10 11 DATED this 31st day of May, 2019. DATED this 31st day of May, 2019. WRIGHT, FINLAY & ZAK, LLP KIM GILBERT EBRON /s/ Lindsay D. Robbins_________________ Lindsay D. Robbins, Esq. Nevada Bar No. 13474 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorneys for Plaintiff/Counter/Cross – Defendant, HSBC Bank USA, NA, as Trustee for the LMT 2006-7 Trust Fund /s/ Diana S. Ebron_____________ Diana S. Ebron, Esq. Nevada Bar No. 10580 Jacqueline A. Gilbert, Esq. Nevada Bar No. 10593 Karen L. Hanks, Esq. Nevada Bar No. 9578 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139-5974 Attorneys for Defendant/Counter/CrossClaimant, SFR Investments Pool 1, LLC 12 13 14 DATED this 31st day of May, 2019. 15 LIPSON NEILSON P.C. 16 17 18 19 20 /s/ Amber M. Williams_______ Amber M. Williams, Esq. Nevada Bar No, 12301 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 Attorneys for Defendant, Estrella II Homeowners' Association 21 Case No.: 2:17-cv-00016-RFB-GWF 22 23 24 25 ORDER IT IS SO ORDERED. 27 ________________________________ ________________________________ RICHARD UNITED STATES DISTRICT JUDGE F. BOULWARE, II UNITED STATES DISTRICT JUDGE 28 DATED this 3rd day of June, 2019. 26 Dated: ___________ Page 4 of 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?