Bank of America, N.A. v. Operture, Inc. et al

Filing 28

ORDER Granting 27 Motion to Extend Time. Discovery Plan/Scheduling Order due by 2/18/2019. Signed by Judge Andrew P. Gordon on 1/11/2019. (Copies have been distributed pursuant to the NEF - ADR)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
THERA A. COOPER, ESQ.
Nevada Bar No. 13468
AKERMAN LLP
1635 Village Center Circle, Ste. 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Bank of America, N.A.

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

UNITED STATES DISTRICT COURT

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AKERMAN LLP

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A., a National
Association,
Plaintiff,

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vs.

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Case No.: 2:17-cv-00383-APG-VCF
JOINT
STATUS
REPORT
AND
REQUEST TO EXTEND DEADLINE TO
FILE PROPOSED DISCOVERY PLAN
AND SCHEDULING ORDER

OPERTURE, INC., a Nevada Corporation; and
SEDONA CONDOMINIUM HOMEOWNERS
ASSOCIATION, INC., a Nevada Non-Profit
Corporation,

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Defendants.

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Plaintiff Bank of America, N.A. (BANA), and defendant Sedona Condominium

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Homeowners Association, Inc. (HOA) submit this joint status report as follows1:
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Meet and Confer: On November 19, 2018, the Court lifted the stay in this case and

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ordered the parties meet and confer within 60 days. Thera A. Cooper, Esq. and a party representative

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on BANA's behalf and Ryan Reed, Esq. and a party representative on the HOA's behalf met and

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conferred on January 9, 2019. The parties discussed possible resolution of this matter, including

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potential settlement structures relating to ownership of the property. And discussed the issues raised

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in the parties’ dispositive motions including the nature of the HOA's argument that the claims

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The Clerk entered default on defendant Operture on December 14, 2018. ECF No. 24. BANA filed its
motion for entry of default judgment against Operture on December 20, 2018. ECF No. 25.
47480114;1

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against it were pled in the alternative. The parties agreed the quiet title, declaratory relief, wrongful

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foreclosure, negligence, negligence per se, and misrepresentation claims remain. The HOA has not

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yet responded to the complaint and will do so within 30 days, if the case is not resolved.

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2.

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The Court ordered the parties file a proposed scheduling order within 10 days of their meet

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and confer, or by January 18, 2019. The parties respectfully request the Court extend this deadline

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by thirty (30) days to allow the parties to fully explore the possibility of settlement. With this thirty

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day extension, the parties shall submit the proposed scheduling order on or before February 18,

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2019.

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

AKERMAN LLP

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3.

Scheduling Order:

Discovery Remaining: Written discovery and depositions.

Dated the 11th day of January, 2019.

Dated the 11th day of January, 2019.

AKERMAN LLP

LEACH KERN GRUCHOW ANDERSON
SONG

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/s/ Thera A. Cooper
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
THERA A. , ESQ.
Nevada Bar No. 12993
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Ryan Reed
RYAN WARREN REED, ESQ.
Nevada Bar No. ___
SEAN L. ANDERSON, ESQ.
Nevada Bar No.
2525 Box Canyon Drive
Las Vegas, Nevada 89128

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Attorneys for Plaintiff

Attorneys for defendant Sedona Condominium
Homeowners Association, Inc.

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ORDER
DATED: January _____, 2019

IT IS SO ORDERED.

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_______________________________

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UNITED STATES DISTRICT JUDGE
Dated: January 11, 2019.

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