The Bankof New York Mellon v. United States Department of the Treasury - Internal Revenue Service et al

Filing 13

ORDER granting 12 Stipulation to Stay Case; Signed by Magistrate Judge Cam Ferenbach on 1/9/2018.; Case stayed. (Copies have been distributed pursuant to the NEF - JM)

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CHRISTINA H. WANG, ESQ.
Nevada Bar No. 9713
FIDELITY NATIONAL LAW GROUP
8363 W. Sunset Road, Suite 120
Las Vegas, Nevada 89113
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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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 2006-22,

)
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Plaintiff,
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vs.
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NV MORTGAGE, INC. dba SOMA
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FINANCIAL, a Nevada corporation;
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JONATHON DALE AMOS, an individual;
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MELISSA AMOS, an individual; UNITED
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STATES DEPARTMENT OF THE TREASURY )
– INTERNAL REVENUE SERVICE, a U.S.
)
government agency; DOES I through X and ROE )
BUSINESS ENTITIES XI through XX,
)
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Defendants.
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Case No.: 2:17-cv-01242-JAD-VCF

JOINT STIPULATION AND
ORDER TO STAY CASE
PENDING SETTLEMENT
NEGOTIATIONS

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IT IS HEREBY STIPULATED AND AGREED by and between Christina H. Wang,

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Esq. of the Fidelity National Law Group, counsel for Plaintiff THE BANK OF NEW YORK

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MELLON

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CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES,

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SERIES 2006-22 (“Plaintiff”); Boris Kukso, Esq. of the U.S. Department of Justice, counsel for

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Defendant UNITED STATES OF AMERICA (on behalf of the INTERNAL REVENUE

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SERVICE); and Erick M. Ferran, Esq. of Hitzke & Associates, counsel for Defendants NV

FKA

THE

BANK

OF

NEW

YORK,

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Fidelity National
Law Group
8363 W. Sunset Road, Suite 120
Las Vegas, Nevada 89113
[phone]

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AS

TRUSTEE

FOR

THE

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MORTGAGE, INC. dba SOMA FINANCIAL, JONATHON DALE AMOS and MELISSA

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AMOS, as follows:

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WHEREAS,

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1.

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On or about October 6, 2017, this Court entered a Discovery Plan and Scheduling

Order setting forth the discovery and other deadlines governing this case (Doc. 10).
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Since then, the parties have actively and in good faith engaged and participated in

discovery activities.
3.

At this juncture, the parties have agreed to undertake settlement negotiations and

believe that they may be able to resolve this case in its entirety.
4.

The parties believe that the Discovery Plan and Scheduling Order does not

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permit sufficient time to both undertake meaningful settlement negotiations and complete all

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discovery activities.

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5.

The parties believe that their chances for case resolution are enhanced if they are

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permitted to continue their remaining discovery activities (including, but not limited to,

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numerous depositions and written discovery).

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6.

The parties believe that their chances for case resolution are further enhanced if

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they are able to devote some of the financial resources currently earmarked for litigation to

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funding a potential settlement.

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7.

The parties believe that a stay of this case for ninety (90) days, up to and

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including April 9, 2018, is reasonable in light of the time necessary to obtain client approval of

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settlement authority and prepare and finalize all attendant settlement documents.

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8.

In the event that their settlement efforts fail, the parties will require additional

time to resume discovery activities and trial preparation.

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WHEREFORE,

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IT IS HEREBY STIPULATED AND AGREED that a stay of this case for ninety (90)

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days, up to and including April 9, 2018, would help to accomplish the settlement objectives

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described herein.

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IT IS FURTHER STIPULATED AND AGREED that if this case does not resolve by

Fidelity National
Law Group
8363 W. Sunset Road, Suite 120
Las Vegas, Nevada 89113
[phone]

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April 9, 2018, the parties will submit a stipulation and proposed order to lift stay as well as an

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updated, proposed Discovery Plan and Scheduling Order extending the case deadlines by the

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corresponding period of stay for the Court’s approval.

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DATED this 9th day of January, 2018.

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FIDELITY NATIONAL LAW GROUP

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

__/s/ Christina H. Wang________________
CHRISTINA H. WANG, ESQ.
Nevada Bar No. 9713
8363 W. Sunset Road, Suite 120
Las Vegas, Nevada 89113
Attorneys for Plaintiff

__/s/ Boris Kukso_____________________
BORIS KUKSO, ESQ.
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044

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Of Counsel:
DAYLE ELIESON
Interim U.S. Attorney

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Attorneys for the United States of America

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HITZKE & ASSOCIATES

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_/s/ Erick M. Ferran___________________
ERICK M. FERRAN, ESQ.
Nevada Bar No. 9554
2030 E. Flamingo Road, Suite 115
Las Vegas, Nevada 89119
Attorneys for Defendants NV Mortgage, Inc.
dba Soma Financial, Jonathan Dale Amos,
and Melissa Amos

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IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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1-9-2018
Dated: _______________________________

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Fidelity National
Law Group
8363 W. Sunset Road, Suite 120
Las Vegas, Nevada 89113
[phone]

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