Wells Fargo Bank, N.A. v. Apollo Developments, LLC et al

Filing 25

ORDER Granting 24 Stipulation to Lift Stay re 7 Order. Signed by Judge Andrew P. Gordon on 6/24/2019. (Copies have been distributed pursuant to the NEF - MR)

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Kelly H. Dove, Esq.
Nevada Bar No. 10569
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: 702-784-5252
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff Wells Fargo Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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WELLS FARGO BANK, N.A.,

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Plaintiff,

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vs.

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APOLLO DEVELOPMENTS, LLC, a Nevada
limited liability company; RIVERWALK
HOMEOWNERS ASSOCIATION, a Nevada
non-profit corporation; ABSOLUTE
COLLECTION SERVICES, LLC, a Nevada
limited liability company,

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Case No. 2:17-cv-01470-APG-CWH

STIPULATION AND ORDER TO LIFT
LITIGATION STAY

Defendants.

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Plaintiff Wells Fargo Bank, N.A. (“Wells Fargo”) and Defendant Absolute Collection

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Services, LLC (“Absolute” and with Wells Fargo, the “Parties”) hereby stipulate and agree as

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follows:

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This case was stayed by order of the Court dated May 23, 2017 (ECF No. 7) based on

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proceedings then-pending in the Ninth Circuit in Bourne Valley Court Trust v. Wells Fargo Bank,

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N.A., 832 F.3d 1154 (9th Cir. 2016). The order staying the case stated that after the proceedings

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in Bourne Valley were concluded, any party may move to lift the stay. Order at 3 (ECF No. 7).

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Consistent with the Court’s Order staying the litigation, however, Wells Fargo completed service

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on all defendants by June 2, 2017. See Summons Returned Executed (ECF Nos. 8-10). Absolute

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along with Apollo Developments, LLC (“Apollo”) noticed an appearance through counsel. (ECF

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Nos. 11, 12).

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appearance.

Defendant Riverwalk Homeowners Association (the HOA) did not make an

withdraw as counsel of record for Apollo on the basis that the Zmaila Firm could not reach its

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client.

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Withdraw on November 2, 2018, and ordered Apollo to retain new counsel. Order (ECF No. 15).

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When Apollo neither appeared nor retained new counsel, the Magistrate Judge issued an Order to

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Show Cause on January 15, 2019, compelling Apollo to show cause why it did not retain counsel,

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Snell & Wilmer

On September 11, 2018, Anthony A. Zmaila Limited PLLC (“Zmaila Firm”), moved to

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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and further indicating that default could be entered against Apollo if no response were

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forthcoming. (ECF No. 17). Apollo was then given additional time in which to respond to the

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Order to Show Cause. Amended Order to Show Cause (ECF No. 18).

Motion to Withdraw as Counsel (ECF No. 13).

The Court granted the Motion to

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When Apollo failed to respond to the Order to Show Cause, the Magistrate Judge

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recommended, and the Court ordered, entry of clerk’s default against Apollo for failure to appear.

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Report & Recommendation (ECF No. 20); Order Accepting Report & Recommendation (ECF

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No. 22); Default (ECF No. 23).

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Based on the Clerk’s Default against Apollo, only Absolute and Wells Fargo remain in

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this litigation. Additionally, the United States Supreme Court has resolved the issues in Bourne

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Valley by denying certification. Bourne Valley, 832 F.3d 1154, cert. denied 137 S.Ct. 2296

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(2017).

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application of Bourne Valley in this Court. See SFR Investments Pool 1, LLC v. Bank of N.Y.

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Mellon, 422 P.3d 1248 (Nev. 2018).

And further proceedings in the Nevada Supreme Court have further limited the

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Therefore, the Parties stipulate and agree that no further reason exists for the litigation

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stay and request that the Court lift the litigation stay. Once the stay is lifted, Wells Fargo

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anticipates timely applying to the Court for Default Judgment against Apollo and Riverwalk.

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Because Absolute disclaims any interest in the real property at issue in this case, Absolute takes

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no position on the substance of Wells Fargo’s claim that its deed of trust survived the HOA’s
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foreclosure sale in this case.

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Dated: June 21, 2019.

Dated: June 21, 2019.

SNELL & WILMER L.L.P.

ABSOLUTE COLLECTION SERVICES,
LLC

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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By: /s/ Wayne Klomp
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Wayne Klomp, Esq.
Nevada Bar No. 10109
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169

By: /s/ Shane D. Cox
Shane D. Cox, Esq.
Nevada Bar No.
7485 W. Azure Dr., Suite 129
Las Vegas, Nevada 89130
Attorneys for Defendant Absolute
Collection Services, LLC

Attorneys for Plaintiff Wells Fargo Bank,
N.A.

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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Dated: June 24, 2019.
Dated:

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