BOMF IIIB 2014-19NPL1 Corp. v. Moninger et al

Filing 35

ORDER Granting 33 Stipulation to Continue Settlement Conference. sSettlement Conference continued to 11/28/2018 at 09:30 AM in LV Chambers before Magistrate Judge Peggy A. Leen. Confidential statements shall be due no later than 4:00 p.m. on 11/20/2018. Signed by Magistrate Judge Peggy A. Leen on 8/3/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01106-GMN-PAL Document 33 Filed 07/25/18 Page 1 of 3

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DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for BOMF IIIB 2014-19NPL1
Corp.

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AKERMAN LLP

UNITED STATES DISTRICT COURT

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

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DISTRICT OF NEVADA

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BOMF IIIB 2014-19NPL1 CORP.,

Case No.: 2:17-cv-01106-GMN-PAL

Plaintiff,
vs.
KEVIN MONINGER, AMELITA MONINGER,
VILLA DEL ORO OWNERS ASSOCIATION,
ASSET RECOVERY SERVICES, DOE
INDIVIDUALS I-X, inclusive, and ROE
CORPORATIONS I-X, inclusive,

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STIPULATION
TO
CONTINUE
SETTLEMENT CONFERENCE

Defendants.

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Plaintiff BOMF IIIB-10NPL1 Corp. (plaintiff) and Villa del Oro Owners Association

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(HOA) stipulate and agree to continue the settlement conference set in this matter, currently set for

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August 15, 2018 at 9:30 AM. ECF No. 32. Plaintiff and the HOA further stipulate and agree as

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follows:

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1. The property at issue in this lawsuit is located at 3153 Arville Street, Las Vegas,

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Nevada 89102.

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2. The HOA foreclosed on the property on or about August 14, 2013. The property

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reverted to the HOA as a result of the foreclosure sale.

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3. The HOA owned the property at the time plaintiff initiated the current litigation.

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4. On July 11, 2017, the HOA quitclaimed the property to SALV LLC, a non-party to

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this litigation. A quitclaim deed was recorded with the Clark County Recorder as

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instrument no. 20170712-0000837.
45896000;1

Case 2:17-cv-01106-GMN-PAL Document 33 Filed 07/25/18 Page 2 of 3

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5. Plaintiff recently became aware of the quitclaim deed when preparing for the

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upcoming settlement conference.

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6. Concurrently with the filing of this stipulation to continue the settlement conference,

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plaintiff and the HOA are filing a motion to join SALV as a defendant to this

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litigation.

current owner of the property is not a party to the settlement conference. In addition,

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plaintiff states it recently assigned the deed of trust to Bank of America, N.A., and is

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in the process of recording the assignment with the Clark County Recorder. Plaintiff

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AKERMAN LLP

7. Plaintiff and the HOA believe the settlement conference will not be productive if the

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

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anticipates plaintiff and Bank of America will request to substitute Bank of America

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in the place of plaintiff once the recording process is complete. Because it is Bank of

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America that now holds the beneficial interest in the deed of trust, the parties believe

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that Bank of America should also be a party to any upcoming settlement conference.

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45896000;1

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Case 2:17-cv-01106-GMN-PAL Document 33 Filed 07/25/18 Page 3 of 3

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8. Accordingly, plaintiff and the HOA request the court continue the settlement

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conference for approximately 90 days to allow SALV LLC and Bank of America to

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appear in the litigation, and attend any upcoming settlement conference.

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AKERMAN LLP

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

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AKERMAN LLP

HOA LAWYERS GROUP, LLC

/s/Natalie L. Winslow___________
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/Steven T. Liozzi________________
STEVEN T. LOIZZI, JR., ESQ.
Nevada Bar No. 10920
9500 W. Flamingo, Suite 204
Las Vegas, Nevada 89147
Attorneys for Villa Del Oro Owners Association

Attorneys for BOMF IIIB 2014-19NPL1 Corp.

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IT IS ORDERED that the settlement conference currently scheduled for August 15, 2018,
ORDER
at 9:30 a.m., is VACATED and CONTINUED to November 28, 2018, at 9:30 a.m. in
Chambers Room 3017. Confidential statements shall be due no later than 4:00 p.m.
IT IS SO ORDERED.
November 20, 2018.
_________________________________________
UNITED STATES MAGISTRATE JUDGE
Dated: August 3, 2018
__________________________
Peggy A. Leen
DATED: _________________________________
United States Magistrate Judge

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45896000;1

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