Residential Credit Solutions, Inc. v. LV Real Estate Strategic Investment Group LLC Series 5112
Filing
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ORDER Granting 64 Second Stipulation to Stay Case Pending Settlement Negotiations. Signed by Judge James C. Mahan on 2/15/2018. (Copies have been distributed pursuant to the NEF - SLD)
Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 1 of 4
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JEFF BRAUER ESQ.
Nevada Bar No. 13834
3333 E. Serene Ave. #150
BRAUER, DRISCOLL, SUN AND ASSOCIATES LLC
Henderson, Nevada 89074
Telephone: (702) 989-3213
Fax: (206) 333-0986
Email: jeff.brauer@brauerdriscoll.com
Attorney for Defendant/Counterclaimant LV Real Estate Strategic Investment Group LLC Series 5112
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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RESIDENTIAL CREDIT SOLUTIONS, INC.,
Plaintiff,
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Case No.: 2:17-cv-00084-JCM-NJK
STIPULATION AND ORDER TO STAY
CASE PENDING SETTLEMENT
NEGOTIATIONS (SECOND REQUEST)
vs.
LV REAL ESTATE STRATEGIC
INVESTMENT GROUP LLC SERIES 5112, a
Nevada limited liability company; PUEBLO AT
SANTA FE CONDOMINIUM
ASSOCIATION, INC.; DOE INDIVIDUALS I
through X, inclusive; and ROE
CORPORATIONS XI through XX, inclusive,
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Defendant.
LV REAL ESTATE STRATEGIC
INVESTMENT GROUP LLC SERIES 5112, a
Nevada limited liability company,
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Counterclaimant,
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vs.
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RESIDENTIAL CREDIT SOLUTIONS, INC.,
Counter-Defendant.
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Defendant LV Real Estate Strategic Investment Group, LLC Series 5112 (hereinafter “LV Real
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Estate”), Defendant Pueblo at Santa Fe Condominium Association, Inc. (“HOA”) and Plaintiff/Counter-
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________________________________________________________________________________________________________________
Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 2 of 4
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Defendant, Residential Credit Solutions, Inc. (hereinafter “RCS”), (collectively, the “Parties”), by and
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through their respective counsels of record, hereby submit the following Stipulation and Order to extend
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the deadline for filing oppositions to pending dispositive motions.
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WHEREAS, on December 28, 2017, RCS filed its Motion for Summary Judgment. ECF No. 56.
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WHEREAS, on December 28, 2017, the HOA filed its Motion for Summary Judgment. ECF No.
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57.
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WHEREAS, on January 17, 2018, the parties filed a Stipulation to Stay this litigation based on: (1)
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LV Real Estate’s and the HOA’s belief that the certified question in Nevada Supreme Court Case No.
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72931 may have an impact on the applicability of Bourne Valley Court Trust v. Wells Fargo Bank, N.A.,
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832 F.3d 1154 (9th Cir. 2016); and (2) the parties’ continued settlement negotiations. ECF No. 60.
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WHEREAS, on February 2, 2018, the Court entered an Order denying the Stipulation on the
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grounds that it did not adequately demonstrate that a ruling on the certified question will impact this
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litigation. ECF No. 61. The Order was silent on the parties’ request in the Stipulation for a stay of litigation
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while the parties continue their settlement negotiations. Id.
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WHEREAS, the parties still seek a stay of the litigation as they are involved in settlement
negotiations and reasonably believe that this action will be globally resolved through settlement.
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WHEREAS the parties seek to reduce their respective litigation fees and costs, including those fees
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and costs associated with further dispositive motion briefing (ECF Nos. 56 and 57), and conserve both the
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parties’ and the Court’s time and resources pending settlement negotiations.
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WHEREFORE, based on the foregoing,
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IT IS HEREBY STIPULATED AND AGREED that this case should be stayed pending the parties’
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continued settlement negotiations.
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________________________________________________________________________________________________________________
Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 3 of 4
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IT IS FURTHER STIPULATED AND AGREED that the stay may be lifted by further stipulation
of the parties or by motion.
IT IS SO STIPULATED.
:
WRIGHT, FINLAY & ZAK, LLP
/s/ Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Christina V. Miller, Esq.
Nevada Bar No. 12448
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff/Counter-Defendant,
Residential Credit Solutions, Inc.
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LIPSON NEILSON COLE SELTZER & GARIN, P.C.
/s/ Kaleb D. Anderson, Esq.
Nevada Bar No. 7582
Eric N. Tran, Esq.
Nevada Bar No. 11876
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorneys for Defendant Pueblo at Santa Fe
Condominium Association, Inc.
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: .
BRAUER, DRISCOLL, SUN AND
ASSOCIATES, LLC
/s/ Jeff Brauer, Esq.
Nevada Bar No. 13834
Henderson, Nevada 89074
Attorneys for Defendant/Counterclaimant
LV Real Estate Strategic Investment Group
LLC Series 5112
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ORDER
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IT IS SO ORDERED.
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DATED this ___ day of 2018.
February 15, __________ 2018.
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_________________________________
U.S. MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
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Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 4 of 4
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CERTIFICATE OF SERVICE
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I hereby certify that on February 12, 2018, I electronically filed the foregoing with the Clerk of
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Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system. Participants in
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the case who are registered CM/ECF users will be served by the CM/ECF system.
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/s/ Jeff Brauer
Jeff Brauer, Esq. an employee of BRAUER, DRISCOLL, SUN AND ASSOCIATES LLC
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