U.S. Bank, National Association, et al v. SFR Investments Pool 1, LLC, et al

Filing 73

ORDER Granting 72 Fifth Stipulation for Extension of Time to Complete Settlement Agreement. Parties granted an additional 30 days to complete the settlement documentation and to file the Stipulation for Dismissal. Signed by Magistrate Judge George Foley, Jr on 3/5/2019. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01319-JCM-GWF Document 72 Filed 03/04/19 Page 1 of 4

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DICKINSON WRIGHT PLLC
Cynthia L. Alexander
Nevada Bar No. 6718
Email: [e-mail]
Taylor Anello
Nevada Bar No. 12881
Email: [e-mail]
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210
Tel: [phone]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210

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U.S. BANK, NATIONAL ASSOCIATION, as
Trustee for GSAA 2006-1, an Ohio Company;
SUNTRUST MORTGAGE, INC., a Virginia
Corporation,
Plaintiff,
vs.

Case Number: 2:17-cv-01319-JCM-GWF

STIPULATION AND ORDER TO
EXTEND TIME FOR PARTIES TO
COMPLETE SETTLEMENT
AGREEMENT
(Fifth Request)

SFR INVESTMENTS POOL 1, LLC, a Nevada
limited liability company; SAN MARINO
PROPERTY OWNERS ASSOCIATION, a
Nevada Non-Profit Corporation,

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Defendants.

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AND ALL RELATED CLAIMS

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Plaintiff/Counter-Defendants, U.S. Bank, National Association, as Trustee for GSAA

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2006-1 and SunTrust Mortgage, Inc. (“Plaintiffs”), Defendant SFR Investments Pool 1, LLC

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(“SFR”), and Defendant San Marino Property Owners Association (“San Marino”), (collectively

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as the “Parties”), hereby stipulate and agree to continue finalizing settlement agreement terms in

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connection with this case. The parties base this agreement upon the following:

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1.

The Parties filed a Notice of Settlement with the court on October 5, 2018 (ECF

No. 62).
2.

The Parties agreed to file a stipulation of dismissal no later than November 4,

2018 (ECF No. 62).

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Case 2:17-cv-01319-JCM-GWF Document 72 Filed 03/04/19 Page 2 of 4

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3.

On November 1, 2018, the Parties filed a Stipulation and Order to Extend Time

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for Parties to Complete Settlement Agreement (First Request) which requested an additional 30

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days or until December 4, 2018 to file dismissal documents (ECF No. 63).

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4.

On November 2, 2018 the court issued an Order to Extend Time for Parties to

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Complete Settlement Agreement (First Request) for an additional 30 days or until December 4,

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2018 to file dismissal documents (ECF No. 64).

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5.

On November 30, 2018 the Parties filed a Stipulation and Order to Extend Time

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for Parties to Complete Settlement Agreement (Second Request) which requested an additional

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30 days or until December 4, 2018 to file dismissal documents (ECF No. 65).

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6.

On December 3, 2018 the court issued an Order to Extend Time for Parties to

8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210

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Complete Settlement Agreement (Second Request) for an additional 30 days or until January 4,

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2019 to file dismissal documents (ECF No. 66).

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7.

On January 2, 2019 the Parties filed a Stipulation and Order to Extend Time for

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Parties to Complete Settlement Agreement (Third Request) which requested an additional 30

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days to file dismissal documents (ECF No. 67).

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8.

On January 3, 2019 the court issued an Order to Extend Time for Parties to

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Complete Settlement Agreement (Third Request) for an additional 30 days or until February 1,

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2019 to file dismissal documents (ECF No. 68).

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9.

On February 1, 2019 the Parties filed a Stipulation and Order to Extend Time for

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Parties to Complete Settlement Agreement (Fourth Request) which requested an additional 30

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days to file dismissal documents (ECF No. 69).

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10.

On February 4, 2019 the court issued an Order to Extend Time for Parties to

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Complete Settlement Agreement (Third Request) for an additional 30 days or until February 1,

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2019 to file dismissal documents (ECF No. 70).

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11.

Since the last request for an extension of time to complete the settlement

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agreement, the Parties finalized the settlement documentation and they have been executed by all

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parties. Additionally, one of the parties has made it payment pursuant to the settlement terms.

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Case 2:17-cv-01319-JCM-GWF Document 72 Filed 03/04/19 Page 3 of 4

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The Plaintiffs are waiting for payment from the second party. Once received, the dismissal will

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be field.

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12.

Based on the progress made by the Parties, this stipulation is sought in good faith

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and not for the purposes of delay but instead to promote efficiency and judicial economy. No

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prejudice will result to any Party as a result of the postponing the deadlines.

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Based on the foregoing, IT IS HEREBY STIPULATED AND AGREED the Parties

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request an additional 30 days to complete the settlement documentation and to file a Stipulation

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for Dismissal.
IT IS FURTHER STIPULATED AND AGREED that the Parties jointly request that the

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calendared deadlines continue to be stayed and/or that the case be held in abeyance while the

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8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210

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Parties document the settlement.

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Dated: March 4, 2019

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Dated: March 4, 2019

DICKINSON WRIGHT, PLLC

KIM GILBERT EBRON

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By: /s/ Cynthia L. Alexander
Cynthia L. Alexander, Esq.
Nevada Bar No. 6718
8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113
Attorneys for Plaintiffs U.S. Bank,
National Association, as Trustee for GSAA
2006-1 and SunTrust Mortgage, Inc.

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Dated: March 4, 2019

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By: /s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Tel: [phone]
Attorneys for Defendant SFR
Investments Pool 1, LLC

LIPSON NEILSON PC
By: /s/ Karen Kao
Karen Kao, Esq.
Nevada Bar No. 14386
9900 Covington Cross Dr., Ste. 120
Las Vegas, NV 89144
Tel: [phone]
Attorneys for Defendant San Marino Property Owners Association
IT IS SO ORDERED.
_______________________________________
UNITED STATES DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE
3/5/2019
DATED: _____________________________
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Case 2:17-cv-01319-JCM-GWF Document 72 Filed 03/04/19 Page 4 of 4

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on the 4th day of March, 2019, I served a true and correct copy

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of the foregoing STIPULATION AND ORDER TO EXTEND TIME FOR PARTIES TO

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COMPLETE SETTLEMENT AGREEMENT (Fifth Request) by electronic service in

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accordance with Administrative Order 14.2, to all interested parties, through the Court’s

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CM/ECF ELECTRONIC NOTIFICATION system addressed to:

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8363 West Sunset Road, Suite 200
Las Vegas, Nevada 89113-2210

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J. William Ebert, Esq.
Karen Kao, Esq.
Lipson Neilson PC
9900 Covington Cross Dr., Ste. 120
Las Vegas, NV 89144
Attorneys for Defendant San Marino Property Owners Association
Diana Ebron, Esq.
Jacqueline Gilbert, Esq.
Karen Hanks, Esq.
Kim Gilbert Ebron
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139
Attorneys for Defendant SFR Investments Pool 1, LLC

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/s/ Mark A. Mangiaracina
An employee of Dickinson Wright PLLC

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