Bank of New York Mellon v. Vegas Property Services, Inc. et al

Filing 87

ORDER granting ECF No. 86 Stipulation to Withdraw and Rebrief Motions for Summary Judgment (ECF Nos. 83 , 84 ). Signed by Judge Miranda M. Du on 9/24/2018. (Copies have been distributed pursuant to the NEF - LH)

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JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
THE WRIGHT LAW GROUP, P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant
VEGAS PROPERTY SERVICES, INC.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: [phone] Fax: [phone]

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2005-11,

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Case No. 2:17-cv-00776-MMD-NJK
STIPULATION AND ORDER TO
WITHDRAW AND REBRIEF MOTIONS
FOR SUMMARY JUDGMENT

Plaintiff,
vs.
VEGAS PROPERTY SERVICES, INC.;
SHADOW SPRINGS COMMUNITY
ASSOCIATION; and DOES 1 THROUGH
10, inclusive,
Defendants.

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Pursuant to LR 6-1, Plaintiff THE BANK OF NEW YORK MELLON (“BONY”),

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Defendant VEGAS PROPERTY SERVICES, INC., (“Vegas”) and Defendant SHADOW

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SPRINGS COMMUNITY ASSOCIATION (“HOA”) by and through their respective counsel of

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record, hereby agree and stipulate as follows:

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This Court previously imposed a stay of litigation pending resolution of the Certified

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Question to the Nevada Supreme Court. [ECF No. 78]. The Court denied all pending Motions

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[ECF Nos. 44, 63] without prejudice to refiling the same within 30 days from the stay being lifted.

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On August 2, 2018, the Nevada Supreme Court answered the Certified Question, and the
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parties filed a joint status report regarding the same on August 7, 2018. [ECF No. 79]. After

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reviewing the parties’ joint status report, the Court lifted the stay on August 9, 2018. [ECF No. 82].

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Thereafter, BONY filed a renewed Motion for Summary Judgment on August 20, 2018

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[ECF No. 83]. Vegas filed a renewed Motion for Summary Judgment on September 10, 2018. [ECF

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No. 84]. Vegas filed an opposition to BONY’s renewed Motion for Summary Judgment on

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September 10, 2018. [ECF No. 85].

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On September 13, 2018 the Nevada Supreme Court issued its decision in Bank of America,

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N.A. Successor by Merger to BAC Home Loans Servicing, LP, F/K/A Countrywide Home Loans

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Servicing, L.P. v. SFR Investments Pool 1, LLC, Case No. 70501, 134 Nev. Adv. Op. 72 (Nev. Sep.

THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: [phone] Fax: [phone]

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13, 2018) (Referred to hereinafter as the “Diamond Spur” decision).

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Upon review of the Diamond Spur decision, the parties agree that many of the issues raised

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in the parties renewed Motions for Summary Judgment are directly affected by the Nevada

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Supreme Court’s recent decision. As such, the parties have agreed that it would be worthwhile to

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allow the parties time and opportunity to withdraw their renewed motions, rebrief their arguments

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in light of the new case law, and resubmit revised motions for the Court’s consideration.

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ACCORDINGLY, IT IS HEREBY AGREED AND STIPULATED that BONY’s Renewed

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Motion for Summary Judgment [ECF No. 83], Vegas’ Renewed Motion for Summary Judgment

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[ECF No. 84], and Vegas’s Opposition to BONY’s Renewed Motion for Summary Judgment [ECF

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No. 85] are withdrawn.

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IT IS FURTHER AGREED AND STIPULATED that each party shall have thirty (30) days

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from the date of this Order to rebrief and resubmit their respective Motions for Summary.

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DATED this 20th day of September, 2018.

DATED this 20th day of September, 2018.

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THE WRIGHT LAW GROUP, P.C.

WOLFE & WYMAN LLP

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/s/ John Henry Wright

JOHN HENRY WRIGHT, ESQ.
Nevada Bar No. 6182
CHRISTOPHER B. PHILLIPS, ESQ.
Nevada Bar No. 14600
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Attorneys for Defendant
VEGAS PROPERTY SERVICES, LLC

/s/ Colt B. Dodrill

COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
6757 Spencer Street
Las Vegas, Nevada 89119
Attorneys for Plaintiff
THE BANK OF NEW YORK MELLON

Dated this 20th day of September, 2018

THE WRIGHT LAW GROUP P.C.
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Tel: [phone] Fax: [phone]

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GIBBS GIDEN LOCHER TURNER
SENET & WITTBRODT, LLP

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/s/ Richard E. Haskin

MATTHEW L. BRODE, ESQ.
Nevada Bar No. 6326
RICHARD E. HASKIN, ESQ.
Nevada Bar No. 11592
1140 N. Town Center Drive, Suite 300
Las Vegas, Nevada 89144
Attorneys for Defendant
SHADOW SPRINGS COMMUNITY
ASSOCIATION

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ORDER
IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE
DATED: September 24, 2018

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