Bank Of New York Mellon v. Falco et al

Filing 70

ORDER Granting 69 Stipulation to Continue. IT IS ORDERED that the litigation stay is continued until 5/15/2021. The parties are to file a status report within 90 days of the issuance of this order. Signed by Judge Richard F. Boulware, II on 1/11/2021. (Copies have been distributed pursuant to the NEF - JQC)

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
Email: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
Email: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
Email: [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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DISTRICT OF NEVADA
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[phone] FAX [phone]

KIMGILBERT EBRON

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

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT,
INC., ALTERNATIVE LOAN TRUST 20053CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-3CB,

Case No.: 2:17-cv-00441-RFB-NJK
JOINT STATUS REPORT AND
STIPULATION TO CONTINUE STAY
(FIRST REQUEST)

Plaintiff,

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vs.
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FRANCESCA FALCO; SFR
INVESTMENTS POOL 1, LLC;
LAMPLIGHT SQUARE AT CORONADO
RANCH, LLC; DOE INDIVIDUALS I-X,
inclusive; and ROE CORPORATIONS I-X,
inclusive,
Defendants.

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SFR INVESTMENTS POOL 1, LLC,
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Counterclaimant/Cross-Claimant,
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vs.

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWALT,
INC., ALTERNATIVE LOAN TRUST 20053CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-3CB;

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FRANCESCA FALCO, an individual,
Counter-Defendant/Cross-Defendant.

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JOINT STATUS REPORT AND STIPULATION TO CONTINUE STAY
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Pursuant to the October 11, 2020, Order [ECF No. 67], SFR Investments Pool 1, LLC
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(“SFR”), The Bank of New York Mellon fka The Bank of New York, as Trustee for the

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Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-3CB, Mortgage Pass-Through
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Certificates, Series 2005-3CB (“BNYM”) and Lamplight Square at Coronado Ranch, LLC (“The
Association”) hereby submit the following Joint Status Report re: Settlement.

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As set forth in the Notice of Settlement and Stipulation to Stay Proceedings submitted on
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October 7, 2020 [ECF No. 66], SFR and the Bank have reached a settlement agreement in principle
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diligently to get the settlement finalized, but due to continuing COVID-19 pandemic issues there
[phone] FAX [phone]

KIMGILBERT EBRON

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

to settle this case. It is part of a more comprehensive settlement. SFR and BNYM have worked
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have been sever delays in completing a condition precedent to settlement, leading to the need for
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additional time. The most recent signed agreement provides for full resolution of the condition
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precedent on or before May 5, 2021.
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The parties have reached an agreement to extend the deadline for meeting that condition to
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and extending the stay until May 15, 2021, 10 (ten) days after that May 5, 2021 finalization date.
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Additionally, the Bank and the Association continue to explore the potential for settlement.
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The parties therefore agree to continue the stay of proceedings until May 15, 2021. This
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will afford all parties additional time to finalize the settlement without incurring extra expenses or
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burdening the court.
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The parties further agree to file a status report regarding the settlement within ninety (90)
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days from entry of this Order.
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Additionally, the parties agree any party may move to lift the stay during the time this
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matter is stayed pursuant to this stipulation. The parties further reserve the right to stipulate to lift
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the stay during the aforementioned period in which the matter is stayed pursuant to this stipulation.
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This is the parties' first request for to continue the stay of proceedings and is not intended
to cause any delay or prejudice to any party.

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DATED this 11th day of January, 2021.

DATED this 11th day of January, 2021.

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KIM GILBERT EBRON

AKERMAN LLP

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/s/ Chantel M. Schimming
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
CHANTEL M. SCHIMMING, ESQ.
Nevada Bar No. 8886
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139

/s/ Rex D. Garner
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

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Attorneys for SFR Investments Pool 1, LLC

Attorneys for The Bank of New York
Mellon fka The Bank of New York, as
Trustee for the Certificateholders of
CWALT, Inc., Alternative Loan Trust
2005-3CB, Mortgage Pass-Through
Certificates, Series 2005-3CB

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[phone] FAX [phone]

KIMGILBERT EBRON

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

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DATED this 11th day of January, 2021.

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BOYACK ORME & ANTHONY

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/s/ Patrick A. Orme
EDWARD D. BOYACK, ESQ.
Nevada Bar No. 5229
PATRICK A. ORME, ESQ.
Nevada Bar No. 7853
7432 W. Sahara Avenue, Suite 101
Las Vegas, NV 89117
Attorneys for Lamplight Square at Coronado
Ranch, LLC

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ORDER
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Based on the foregoing stipulation, IT IS HEREBY ORDERED that the litigation stay

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is continued until May 15, 2021. The parties are to file a status report within 90 days of the

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issuance of this order.
IT IS SO ORDERED.

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___________________________________
UNITED STATES DISTRICT JUDGE

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DATED: ___________________________
DATED this 11th day of January, 2021.

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