Nationstar Mortgage LLC et al v. Canyon Willow Trop Owners' Association et al

Filing 36

ORDER Granting 35 Stipulation to Amend Counterclaim. Signed by Magistrate Judge Daniel J. Albregts on 12/12/2019. (Copies have been distributed pursuant to the NEF - JQC)

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Case 2:17-cv-01581-APG-DJA Document 35 Filed 12/11/19 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MICHAEL N. BEEDE, ESQ. Nevada Bar No. 13068 JAMES W. FOX, ESQ. Nevada Bar No. 13122 THE LAW OFFICE OF MIKE BEEDE, PLLC 2470 St. Rose Pkwy., Ste. 307 Henderson, NV 89074 eservice@legalLV.com Telephone (702) 473-8406 Facsimile (702) 832-0248 Attorney for Susan Patchen, The Eagle and The Cross, LLC, and A Accountable Carpet Care UNITED STATES DISTRICT COURT DISTRICT OF NEVADA NATIONSTAR MORTGAGE, LLC, and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, v. CANYON WILLOW TROP OWNERS’ ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; SUSAN PATCHEN; THE EAGLE AND THE CROSS, LLC; and A ACCOUNTABLE CARPET CARE CASE NO. 2:17-cv-01581-APG-DJA STIPULATION AND [PROPOSED] ORDER TO AMEND COUNTERCLAIM 17 18 19 20 21 22 23 24 Defendants. SUSAN PATCHEN; THE EAGLE AND THE CROSS, LLC; and A ACCOUNTABLE CARPET CARE, Counterclaimants, v. NATIONSTAR MORTGAGE, LLC; DIANA L. WHITE; and FEDERAL NATIONAL MORTGAGE ASSOCIATION Counter-defendants 25 26 Defendants/Crossclaimants Susan Patchen, The Eagle and The Cross, LLC, and A 27 Accountable Carpet Care (hereafter, collectively “Defendants”) by and through their attorneys of 28 record, Michal N. Beede, Esq. and James W. Fox, Esq., of The Law Office of Mike Beede, PLLC, 1 Case 2:17-cv-01581-APG-DJA Document 35 Filed 12/11/19 Page 2 of 5 1 and Plaintiffs/Counter-Defendants Nationstar Mortgage LLC and Federal National Mortgage 2 Association (herafter, collectively, “Plaintiffs”), by and through their attorneys of record, Melanie 3 D. Morgan Esq. and Tenesa S. Powell, Esq., of Akerman, LLP, and Defendant Canyon Willow Trop 4 Owners’ Association , by and through its attorneys of record, Megan H. Hummel, Esq. and Amanda 5 A. Ebert Esq., of Lipson Neilson, P.C. stipulate and agree to the following: 6 1. Defendants’ Susan Patchen, The Eagle and The Cross, LLC, and A Accountable Carpet Care 7 filed their Answer to First Amended Complaint and Counterclaim (ECF No. 24) on October 8 21, 2019. 2. Defedants’ named previous owner Diana L. White as a Counter-Defendant. 9 3. When Defendants’ attempted to serve Ms. White a copy of the Summons (ECF No. 31) and 10 Answer to First Amended Complaint and Counterclaim (ECF No. 24), Defendants’ were 11 informed that Ms. White was deceased. 12 4. The parties hereto stipulate to add The Estate of Diana L. White and Any Unknown Heirs 13 as additional Counter-Defendants. 14 5. Per the Scheduling Order (ECF No. 33), “all motions to amend the pleadings or add parties 15 shall be filed by not later than February 7, 2020…” 16 /// 17 /// 18 /// 19 /// 20 /// 21 22 23 24 /// /// /// /// /// 25 /// 26 /// 27 /// 28 /// 2 Case 2:17-cv-01581-APG-DJA Document 35 Filed 12/11/19 Page 3 of 5 1 2 6. Defendants’ proposed first amended counterclaim attached hereto as Exhibit 1 shall be filed with this court. 3 4 DATED this 11th day of December, 2019. DATED this 10th day of December, 2019. 5 THE LAW OFFICE OF MIKE BEEDE, PLLC AKERMAN LLP 6 7 8 9 10 11 12 By:/s/ James W. Fox By:/s/ Tenesa S. Powell MICHAEL BEEDE, ESQ. MELANIE D. MORGAN, ESQ. Nevada Bar No. 13068 Nevada Bar No. 8215 JAMES W. FOX, ESQ. TENESA S. POWELL, ESQ. Nevada Bar No. 13122 Nevada Bar No. 12488 2470 St. Rose Pkwy, Suite 307 1635 Village Center Circle, Suite 200 Henderson, NV 89074 Las Vegas, NV 89134 T: 702-473-8406 T: 702-634-5000 Attorney for Susan Patchen, The Eagle Attorneys for Nationstar Mortgage and The Cross, LLC, and A Accountable LLC and Federal National Mortgage Carpet Care Association 13 14 15 16 17 18 19 20 21 22 23 DATED this 10th day of December, 2019. LIPSON NEILSON P.C. By:/s/ Megan H. Hummel MEGAN H. HUMMEL, ESQ. Nevada Bar No. 12404 AMANDA A. EBERT, ESQ. Nevada Bar No. 12731 9900 Covington Cross Drive, Suite 120 Las Vegas, NV 89144 T: 702-382-1500 Attorneys for Canyon Willow Trop Owners’ Association 24 25 26 27 28 3 Case 2:17-cv-01581-APG-DJA Document 35 Filed 12/11/19 Page 4 of 5 Case Name: Nationstar Mortgage LLC and Federal National Mortgage Association v. Canyon Willow Trop Owners’ Association, et al. Case Number: 2:16-cv-01581-APG-DJA 1 2 3 4 ORDER 5 6 7 The Court, having reviewed the stipulation of the parties, and good cause appearing therefore, 8 IT IS HEREBY ORDERED that Defendants’ are permitted to amend their 9 Counterclaims to include The Estate of Diana L. White and Any Unknown Heirs as additional 10 Counter-Defendants. The Amended Complaint attached hereto as Exhibit 1 shall be filed with 11 this Court. 12 13 IT IS SO ORDERED. 12th Dated this ____ day of December, 2019. 14 15 16 17 UNITED STATES DISTRICT JUDGE Daniel J. Albregts United States Magistrate Judge Submitted by: THE LAW OFFICE OF MIKE BEEDE, PLLC 18 19 20 21 22 23 24 25 By:/s/ James W. Fox MICHAEL BEEDE, ESQ. Nevada Bar No. 13068 JAMES W. FOX, ESQ. Nevada Bar No. 13122 2470 St. Rose Pkwy, Suite 307 Henderson, NV 89074 T: 702-473-8406 Attorney for Susan Patchen, The Eagle and The Cross, LLC, and A Accountable Carpet Care 26 27 28 4 Case 2:17-cv-01581-APG-DJA Document 35 Filed 12/11/19 Page 5 of 5 CERTIFICATE OF SERVICE 1 2 I, the undersigned, declare under penalty of perjury, that I am over the age of eighteen 3 (18) years, and that I am not a party to, not interested in, this action. On the 11th day of December, 4 2019, I caused a true and correct copy of the foregoing STIPULATION AND [PROPOSED] 5 ORDER TO AMEND COUNTERCLAIM to be served to all parties in this litigation by the 6 method indicated: 7 8 ___ U.S. Mail 9 ___ U.S. Certified Mail 10 ___ Facsimile Transmissions 11 ___ Federal Express 12 _X_ Electronic Service via CM/ECF ___ E-Mail 13 14 15 /s/ Michael Madden An Employee of The Law Office of Mike Beede, PLLC 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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