Bank of New York Mellon v. Stewart Town Homeowners Association et al

Filing 25

ORDER Granting 24 Stipulation to Stay Litigation. Signed by Chief Judge Gloria M. Navarro on 5/22/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00128-GMN-PAL Document 24 Filed 05/10/17 Page 1 of 3

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Zachary P. Takos, Esq., Nevada Bar No. 11293
Shawn L. Walkenshaw, Esq., Nevada Bar No. 13274
TAKOS LAW, LTD.
1980 Festival Plaza Drive, Suite 300
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: 702.924.4422
Email: [e-mail]
[e-mail]

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Counsel for Eagle Rock Asset Management, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-12,

Case No. 2:17-cv-00128-GMN-PAL
STIPULATION AND ORDER TO STAY
LITIGATION

Plaintiff,

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v.

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STEWART TOWN HOMEOWNERS
ASSOCIATION; EAGLE ROCK ASSET
MANAGEMENT, LLC; ABSOLUTE
COLLECTION SERVICES, LLC;

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Defendants.

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Defendant Eagle Rock Asset Management, LLC (“Eagle Rock”), Defendant Absolute

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Collection Services, LLC (“ACS”), and Plaintiff The Bank of New York Mellon f/k/a The Bank of

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New York as Trustee for the Certificateholders of the CWABS, Inc. Asset-Backed Certificates,

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Series 2005-12 (“BNY Mellon”), by and through their respective undersigned counsel, hereby

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stipulate as follows:

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WHEREAS, on or about January 13, 2017, BNY Mellon filed a Complaint initiating the

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above referenced matter and seeking, among other things, a declaration that its Deed of Trust

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Case 2:17-cv-00128-GMN-PAL Document 24 Filed 05/10/17 Page 2 of 3

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continued to encumber the real property commonly refered to as 201 N. 18th St., Unit D, Las

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Vegas, NV 89101 (the “Property”).
WHEREAS, on or about April 26, 2017, the Court entered a Scheduling Order, with the

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close of discovery on August 7, 2017;
WHEREAS, the parties agreed to resolve this matter and are in the process of finalizing a

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settlement agreement;
WHEREAS, the parties stipulate and agree to stay this matter for 120 days, including all

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pending deadlines, to allow the parties to finalize their resolution of this matter;

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WHEREAS, the parties stipulate and agree that should this matter not be voluntarily

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dismissed before the expiration of the stay, the parties will submit a revised scheduling order with

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10 days of the stay’s expiration;
WHEREAS, the parties stipulate and agree that either party may move for the dissolution of

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the stay at any time;

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Case 2:17-cv-00128-GMN-PAL Document 24 Filed 05/10/17 Page 3 of 3

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WHEREAS, this stipulation is not entered into for any improper purpose or to delay.

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IT IS SO STIPULATED.

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DATED this 10th day of May, 2017.

DATED this 10th day of May, 2017.

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TAKOS LAW, LTD.

AKERMAN LLP

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/s/ Shawn L. Walkenshaw
Zachary P. Takos, Esq., NV Bar No. 11293
1980 Festival Plaza Drive, Suite 300
Las Vegas, Nevada 89135

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Counsel for Eagle Rock

/s/ Vatana Lay
Melanie D. Morgan, Esq., NV Bar No. 8215
Vatana Lay, Esq., NV Bar No. 12993
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

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Counsel for BNY Mellon

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DATED this 10th day of May, 2017.

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Absolute Collection Services

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/s/ Shane D. Cox
Shane D. Cox, Esq., NV Bar No. 13852
8440 W. Lake Mead Blvd., Ste. 210
Las Vegas, NV 89128

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Counsel for Absolute Collection Services

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IT IS SO ORDERED.

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Dated this ___ day of May, 2017.

Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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