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

Filing 16

ORDER granting 15 Stipulation to Continue Stay; Signed by Magistrate Judge Cam Ferenbach on 4/10/2018. (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
1701 Village Center Circle, Suite 110
Las Vegas, Nevada 89134
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.
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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 CONTINUE
STAY OF 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) (hereinafter, “IRS”); and Erick M. Ferran, Esq. of Hitzke & Associates, counsel for

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Defendants NV MORTGAGE, INC. dba SOMA FINANCIAL, JONATHON DALE AMOS and

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MELISSA AMOS, as follows:

FKA

THE

BANK

OF

NEW

YORK,

Fidelity National
Law Group
1701 Village Center Circle
Suite 110
Las Vegas, Nevada 89134
[phone]

Page 1 of 3

AS

TRUSTEE

FOR

THE

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WHEREAS,

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1.

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

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Order setting forth the discovery and other deadlines governing this case (Doc. 10). Thereafter,

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the parties actively and in good faith engaged and participated in the discovery process.

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2.

On January 9, 2018, the parties filed a Joint Stipulation and Proposed Order to

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Stay Case Pending Settlement Negotiations (Doc. 12). Specifically, the parties sought a stay of

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ninety (90) days, up to and including April 9, 2018, to undertake settlement negotiations to

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resolve this case in its entirety.

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3.

This Court granted the stay in an Order dated January 9, 2018 (Doc. 13).

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4.

Since then, the parties have actively and in good faith engaged in settlement

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negotiations and are close to reaching a desired resolution.
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However, in light of the multiple layers of review required for a settlement as

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between Plaintiff and the IRS, both large institutions, the parties require additional time to

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consummate a final settlement.

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6.

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

permitted to continue their remaining discovery activities.
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The parties believe that their chances for case settlement 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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8.

The parties believe that a stay of this case for an additional sixty (60) days, up to

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and including June 8, 2018, is reasonable in light of the time necessary to obtain client approval

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of a settlement and prepare and finalize all attendant settlement documents.

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9.

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 continuance of the stay in this

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case for sixty (60) days, up to and including June 8, 2018, would help to accomplish the

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settlement objectives described herein.

Fidelity National
Law Group
1701 Village Center Circle
Suite 110
Las Vegas, Nevada 89134
[phone]

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

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June 8, 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 April, 2018.
FIDELITY NATIONAL LAW GROUP

RICHARD E. ZUCKERMAN
Principal Deputy Assistant Attorney General

_/s/ Christina H. Wang_________________
CHRISTINA H. WANG, ESQ.
Nevada Bar No. 9713
1701 Village Center Circle, Suite 110
Las Vegas, Nevada 89134
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
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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April 10, 2018
Dated: _______________________________

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Fidelity National
Law Group
1701 Village Center Circle
Suite 110
Las Vegas, Nevada 89134
[phone]

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