Nationstar Mortgage LLC v. Thunder Properties, Inc

Filing 67

ORDER denying without prejudice 58 Motion for Summary Judgment. ORDER granting 66 Stipulation. The stay of this action is extended to October 4, 2021. Signed by Judge Jennifer A. Dorsey on 8/22/2021. (Copies have been distributed pursuant to the NEF - HAM) Modified Judge's signature date on 8/23/2021 (SLD).

Case 2:17-cv-00713-JAD-NJK Document 66 Filed 08/16/21 Page 1 of 4
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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
2810 West Charleston Blvd. #75
Las Vegas, Nevada 89102
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendant
THUNDER PROPERTIES, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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NATIONSTAR MORTGAGE LLC,

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vs.

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THUNDER PROPERTIES, INC.,

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)
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Plaintiff, )
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Defendant. )
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Case No. 2:17-cv-00713-JAD-NJK
ECF No. 58, 66

Stipulation and Order Extending Stay
STIPULATION TO EXTEND STAY

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COMES NOW, Defendant, THUNDER PROPERTIES, INC. (“Thunder”), and Plaintiff,
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NATIONSTAR MORTGAGE LLC (“Nationstar”), by and through their undersigned counsel,
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and hereby stipulate and agree as follows:
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1.

The instant matter involves real property commonly known as 3433 Skyline

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Boulevard, Reno, Nevada 89509 (“the “Property”), which is located within and
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governed by a common interest community known as Skyline Villas Association,
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Inc. (the “HOA”). The Property was the subject of a homeowners association lien
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foreclosure sale conducted by Hampton & Hampton Collections, LLC
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(“Hampton” or “HOA Trustee”), on behalf of HOA on November 12, 2013
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(“HOA Foreclosure Sale”). Thunder purchased the Property at the HOA
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3433 Skyline

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Foreclosure Sale. Nationstar or its predecessor possessed one or more secured

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interests in the Property at the time of the HOA Foreclosure Sale.
2.

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On June 15, 2021, the parties hereto submitted a Stipulation to Stay Litigation

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[ECF #64] herein based upon settlement negotiations that they expected to resolve

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this matter.
3.

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On June 18, 2021, the Court entered an Order approving the above-described
Stipulation, staying this action for all purposes until August 18, 2021. [ECF #65].

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4.

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Thunder and Nationstar have executed and partially performed a settlement

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agreement setting forth the terms of an amicable resolution of this matter. The

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settlement agreement includes certain contingencies that must be met before the

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agreement will become final and binding.
5.

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The parties believe that the required contingencies will be met and that the matter

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will be resolved as described in their Stipulation dated June 15, 2021, however,

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Nationstar and associated entities require additional time in order to complete

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certain contingencies.
6.

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The parties continue to anticipate that they will stipulate that the HOA

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Foreclosure Sale was not void and that Thunder acquired its ownership interest

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subject to Nationstar’s security interests, thereby resolving this matter.

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7.

Based upon the foregoing, Thunder and Nationstar jointly request that this Court

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extend the stay of this litigation, including any ruling based upon the supplemental

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briefing that is presently before the court, for an additional period of 45 days, until

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October 4, 2021.

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8.

This Stipulation is made in good faith and not for purpose of delay.

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Dated this

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ROGER P. CROTEAU &
ASSOCIATES, LTD.

16th

day of August, 2021.
AKERMAN LLP

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/s/ Timothy E. Rhoda

/s/ Melanie D. Morgan

TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
2810 West Charleston Blvd. #75
Las Vegas, Nevada 89102
[phone]
[e-mail]
Attorney for Defendant
Thunder Properties, Inc.

MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
1635 Village Center Cir., Suite 200
Las Vegas, NV 89134
702-634-5000
702-380-8572 (fax)
[e-mail]
[e-mail]
Attorney for Plaintiff
Nationstar Mortgage, LLC

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IT IS SO ORDERED.

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By:
ORDER

Judge, U.S. District Court

Based on the parties' stipulation [ECF No. 66] and good cause appearing, IT IS
Dated:
HEREBY ORDERED that the stay of this action is extended to October 4, 2021. IT IS
FURTHER ORDERED that the pending supplemental motion for summary judgment [ECF
No. 58] is DENIED without prejudice to its reinstatement (along with all related briefing) by
October 10, 2021, should this settlement not be completed.
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U.S. District Judge Jennifer A. Dorsey
Dated: August 22, 2021

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3433 Skyline