U.S. Bank National Association v. SFR Investments Pool 1, LLC et al
Filing
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ORDER. IT IS ORDERED that Plaintiff and defendant Setona Homeowners' Association shall have 30 days to either file a stipulation to dismiss with prejudice, or the joint pretrial order. Signed by Magistrate Judge Peggy A. Leen on 11/2/2018. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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U.S. BANK NATIONAL ASSOCIATION,
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v.
Case No. 2:17-cv-00708-JCM-PAL
Plaintiff,
ORDER
SFR INVESTMENTS POOL 1, LLC, et al.
Defendants.
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Before the court is the parties’ Joint Status Report (ECF No. 80). In the Joint Status Report
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(ECF No. 77) dated September 27, 2018, the parties advised the court that they had agreed on the
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terms of a settlement agreement, believed they were close to execution, and would be in a position
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to submit a stipulation and proposed order dismissing this case in 30 days. The court therefore
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entered an Order (ECF No. 79) giving the parties 30 days to file the stipulation to dismiss or a joint
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status report indicating when the stipulation would be filed.
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In the current Joint Status Report (ECF No. 80), the parties now advise that they have
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executed a settlement agreement that will require approximately 60 days to perform and will then
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“be in a position” to submit a proposed stipulation within approximately 90 days. The parties
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provide no explanation for why they earlier told the court they would submit a stipulation to
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dismiss in 30 days in September and now need 120 days to submit a stipulation. An agreement
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has been executed. As experienced counsel were involved in reaching a written settlement
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agreement, it is presumably valid and enforceable. The parties provide no reason at all why this
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court should leave this case open on its docket while one or more parties performs their contractual
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obligations. This practice has become a pattern in these HOA cases and is unreasonably delaying
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final resolution of these cases. The court will no longer provide the parties relief from the
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discovery plan and scheduling order deadlines while they wait for settlement agreements to be
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finalized over extended periods of time. The court will give the parties 30 days to file the
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stipulation for dismissal or to file the joint pretrial order. Accordingly,
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IT IS ORDERED that:
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1. Plaintiff and defendant Setona Homeowners’ Association shall have 30 days to either
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file a stipulation to dismiss with prejudice, or the joint pretrial order.
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2. No further extensions will be allowed.
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DATED this 2nd day of November 2018.
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PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
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