Residential Credit Solutions, Inc. v. LV Real Estate Strategic Investment Group LLC Series 5112

Filing 65

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)

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Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 1 of 4 1 2 3 4 5 6 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 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 10 RESIDENTIAL CREDIT SOLUTIONS, INC., Plaintiff, 11 12 13 14 15 16 17 18 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, 20 Defendant. LV REAL ESTATE STRATEGIC INVESTMENT GROUP LLC SERIES 5112, a Nevada limited liability company, 21 Counterclaimant, 19 22 vs. 23 24 25 RESIDENTIAL CREDIT SOLUTIONS, INC., Counter-Defendant. 26 27 Defendant LV Real Estate Strategic Investment Group, LLC Series 5112 (hereinafter “LV Real 28 Estate”), Defendant Pueblo at Santa Fe Condominium Association, Inc. (“HOA”) and Plaintiff/Counter- 1 ________________________________________________________________________________________________________________ Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 2 of 4 1 Defendant, Residential Credit Solutions, Inc. (hereinafter “RCS”), (collectively, the “Parties”), by and 2 through their respective counsels of record, hereby submit the following Stipulation and Order to extend 3 the deadline for filing oppositions to pending dispositive motions. 4 WHEREAS, on December 28, 2017, RCS filed its Motion for Summary Judgment. ECF No. 56. 5 WHEREAS, on December 28, 2017, the HOA filed its Motion for Summary Judgment. ECF No. 6 57. 7 WHEREAS, on January 17, 2018, the parties filed a Stipulation to Stay this litigation based on: (1) 8 LV Real Estate’s and the HOA’s belief that the certified question in Nevada Supreme Court Case No. 9 72931 may have an impact on the applicability of Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 10 832 F.3d 1154 (9th Cir. 2016); and (2) the parties’ continued settlement negotiations. ECF No. 60. 11 WHEREAS, on February 2, 2018, the Court entered an Order denying the Stipulation on the 12 grounds that it did not adequately demonstrate that a ruling on the certified question will impact this 13 litigation. ECF No. 61. The Order was silent on the parties’ request in the Stipulation for a stay of litigation 14 while the parties continue their settlement negotiations. Id. 15 16 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. 17 WHEREAS the parties seek to reduce their respective litigation fees and costs, including those fees 18 and costs associated with further dispositive motion briefing (ECF Nos. 56 and 57), and conserve both the 19 parties’ and the Court’s time and resources pending settlement negotiations. 20 WHEREFORE, based on the foregoing, 21 IT IS HEREBY STIPULATED AND AGREED that this case should be stayed pending the parties’ 22 continued settlement negotiations. 23 /// 24 /// 25 /// 26 /// 27 28 2 ________________________________________________________________________________________________________________ Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 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. : . 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. 11 12 13 14 15 16 17 : . 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 18 19 ORDER 20 IT IS SO ORDERED. 21 DATED this ___ day of 2018. February 15, __________ 2018. 22 23 24 _________________________________ U.S. MAGISTRATE JUDGE UNITED STATES DISTRICT JUDGE 25 26 27 28 3 ________________________________________________________________________________________________________________ Case 2:17-cv-00084-JCM-NJK Document 64 Filed 02/12/18 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 3 I hereby certify that on February 12, 2018, I electronically filed the foregoing with the Clerk of 4 Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system. Participants in 5 the case who are registered CM/ECF users will be served by the CM/ECF system. 6 7 /s/ Jeff Brauer Jeff Brauer, Esq. an employee of BRAUER, DRISCOLL, SUN AND ASSOCIATES LLC 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 ________________________________________________________________________________________________________________

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