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

Filing 36

ORDER granting 34 Stipulation to Join Indispensable Party. FURTHER ORDERED that, in light of the parties' representations herein, as well as the parties' pending settlement conference, (ECF No. 35 ), the Court DENIES the pending dispositive Motions, (ECF Nos. 22 , 25 , 28 ), without prejudice. Signed by Chief Judge Gloria M. Navarro on 8/7/2018. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01106-GMN-PAL Document 34 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 AND ORDER TO JOIN
INDISPENSABLE
PARTY
AS
DEFENDANT

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 join SALV LLC as an indispensable party in this matter pursuant to

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Federal Rule of Civil Procedure 19. Alternatively, plaintiff and the HOA request that SALV LLC be

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joined under Federal Rule of Civil Procedure 20. Plaintiff and the HOA further stipulate and agree

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as 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
45895432;1

Case 2:17-cv-01106-GMN-PAL Document 34 Filed 07/25/18 Page 2 of 3

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instrument no. 20170712-0000837.

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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. In SALV LLC's absence, the court cannot accord relief to plaintiff on its claim for

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quiet title and declaratory relief that plaintiff's deed of trust remains against the

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property. Upon information and belief, SALV LLC claims that plaintiff's deed of

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trust was extinguished as a result of the HOA's foreclosure sale.

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7. As such, SALV LLC is a necessary party. CP Nat'l Corp. v. Bonneville Power

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Admin., 928 F.2d 905, 912 (9th Cir. 1991).

AKERMAN LLP

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

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8. Upon information and belief, adding SALV LLC will not divest the court of
jurisdiction.1

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Plaintiff states it recently assigned the deed of trust to Bank of America, N.A., and is in the process of
recording the assignment with the Clark County Recorder. Plaintiff anticipates plaintiff and Bank of America
will request to substitute Bank of America in the place of plaintiff once the recording process is complete.
45895432;1

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Case 2:17-cv-01106-GMN-PAL Document 34 Filed 07/25/18 Page 3 of 3

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9. Alternatively, plaintiff and the HOA request that if SALV LLC is not found to be an

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indispensable party, it should be joined in this litigation as a proper party under

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Federal Rule of Civil Procedure 20. Desert Empire Bank v. Ins. Co. of North

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America, et al., 623 F.2d 1371 (9th Cir. 1980)).

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AKERMAN LLP

HOA LAWYERS GROUP, LLC
/s/Steven T. Liozzi________________
STEVEN T. LOIZZI, JR., ESQ.
Nevada Bar No. 10920
9500 W. Flamingo, Suite 204
Las Vegas, Nevada 89147

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/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

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Attorneys for BOMF IIIB 2014-19NPL1 Corp.

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AKERMAN LLP

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

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Attorneys for Villa Del Oro Owners Association

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ORDER
IT IS HEREBY ORDERED that the parties' Stipulation to Join an Indispensable Party is
GRANTED.
IT IS FURTHER ORDERED that, in light of the parties' representations herein, as well as
the parties' pending settlement conference, (ECF No. 35), the Court DENIES the pending
dispositive Motions, (ECF Nos. 22, 25, 28), without prejudice. In the event the parties do not reach
a settlement, the parties may refile their Motions within twenty-one (21) days after the date of the
settlement conference. Alternatively, should the parties seek further discovery in the matter in
light of the addition of a new indispensable party, the parties shall file dispositive motions
pursuant to the new scheduling order or within twenty-one (21) days after their motion to amend
the scheduling order is denied.
IT IS SO ORDERED.

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DATED this ______day of August, 2018.

_________________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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45895432;1

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