The Bank of New York Mellon v. Sunrise Ridge Master Homeowners Association et al

Filing 95

ORDER granting 94 Stipulation. Jury Trial reset for 10/20/2020 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call reset for 10/13/2020 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Motions due b y 9/21/2020. Exhibit List due by 10/13/2020. Proposed Jury Instructions due by 10/13/2020. Proposed Voir Dire due by 10/13/2020. Trial Briefs due by 10/13/2020. Signed by Judge Jennifer A. Dorsey on 5/18/2020. (Copies have been distributed pursuant to the NEF - DC)

Case 2:17-cv-00214-JAD-EJY Document 95 Filed 05/18/20 Page 1 of 3

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-Mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-Mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-Mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
Telephone: [phone]
Facsimile: [phone]
Attorney for SFR Investments Pool 1, LLC

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UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

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DISTRICT OF NEVADA
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS
CWMBS, INC., CHL MORTGAGE PASSTHROUGH TRUST 2005-HYB4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-HYB4,

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STIPULATION AND ORDER
TO EXTEND TRIAL RELATED
DEADLINES AND TRIAL
ECF No. 94

Plaintiff,
vs.
SUNRISE RIDGE MASTER
HOMEOWNERS ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC; and
NEVADA ASSOCIATION SERVICES, INC.,
Defendants.
______________________________________
SFR INVESTMENTS POOL 1, LLC,

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Case No. 2:17-cv-00214-JAD-EJY

Counter/Cross Claimant,
vs.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS
CWMBS, INC., CHL MORTGAGE PASSTHROUGH TRUST 2005-HYB4,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-HYB4;
PATTY TAN, an individual,
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Case 2:17-cv-00214-JAD-EJY Document 95 Filed 05/18/20 Page 2 of 3

Counter/Cross Defendants.

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

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STIPULATION AND ORDER TO EXTEND TRIAL RELATED DEADLINES AND
TRIAL
The Bank of New York Mellon fka the Bank of New York as Trustee for the
Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through Trust 2005-HYB4, Mortgage
Pass-Through Certificates, Series 2005-HYB4 (“BoNYM”), SFR Investments Pool 1, LLC
(“SFR”) and Sunrise Ridge Master Homeowners Associations (“Sunrise”) (collectively, the
“Parties”), by and through the undersigned counsel, hereby stipulate and agree to extend the
following trial related deadlines, and in support of such stipulation represent as follows:
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BoNYM and SFR have reached a settlement in principle and the settlement

agreement has been executed by the Parties. BoNYM and SFR, however, need additional time to
perform a condition precedent to the settlement and anticipate 90-days will be sufficient.
2.

BoNYM and Sunrise have reached a settlement in principle and are working to

finalize the agreement.
3.

The Parties agree the June 16, 2020 trial date be vacated and rescheduled for 90

days from June 16, 2020.
4.

The Parties further agree the May 16, 2020 deadline to file pre-trial motions and

pre-trial disclosures be continued in accordance with the continued trial date set by this Court.
5.

The Parties further agree the June 8, 2020 calendar call and related deadlines for

filing the parties’ trial briefs, the parties’ witness and exhibit lists, proposed jury instructions,
proposed voir dire questions (for jury trial) and proposed findings of facts and conclusions of law
(for bench trial) be vacated and rescheduled in accordance with the new trial date set by this Court.
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Case 2:17-cv-00214-JAD-EJY Document 94 Filed 05/18/20 Page 3 of 3
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This is the Parties’ first request for a trial continuance and extension of trial related
deadlines, and is not intended to cause any delay or prejudice to any party.

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DATED this 15th day of May, 2020.

DATED this 15th day of May, 2020.

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KIM GILBERT EBRON

AKERMAN LLP

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/s/ Karen L. Hanks_
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

/s/ Nicholas E. Belay
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for The Bank of New York Mellon

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DATED this 15th day of May, 2020.

/s/ Ashlie L. Surur
ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, Nevada 89128
Attorneys for Sunrise Ridge Master
Homeowners Association

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[phone] FAX [phone]

KIM GILBERT EBRON

HALL JAFFE CLAYTON, LLC

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NV 89139

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Based on the parties stipulation and good cause appearing, the jury trial currently set for
6/16/2020 is vacated and continued to 10/20/2020 at 9:00 a.m.; and the calendar call
currently scheduled for 6/8/2020 is vacated and continued to 10/13/2020 at 1:30 p.m.
Pretrial motions are due by 9/21/2020. All trial briefs, proposed voir dire, proposed jury
instructions, exhibit lists, and witness lists are due buy noon on 10/13/2020.

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Dated: May 18, 2020.

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____________________________________
UNITED STATES DISTRICT JUDGE

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