Bank of New York Mellon v. Springs at Centennial Ranch Homeowners Association et al

Filing 130

ORDER granting 129 Stipulation to Extend Deadline to File Joint Pre-trial Order. Proposed Joint Pretrial Order due by 11/27/2020. Signed by Magistrate Judge Elayna J. Youchah on 9/29/2020. (Copies have been distributed pursuant to the NEF - HAM)

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon
f/k/a The Bank of New York as Trustee For
The Certificateholders of CWALT, Inc.,
Alternative
Loan
Trust
2005-47CB,
Mortgage Pass-Through Certificates, Series
2005-47CB

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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
CWALT, INC., ALTERNATIVE LOAN TRUST
2005-47CB, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2005-47CB,

Case No. 2:17-cv-01673-JAD-EJY
STIPULATION
AND
ORDER
TO
EXTEND DEADLINE TO FILE JOINT
PRE-TRIAL ORDER
(THIRD REQUEST)

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Plaintiff,
vs.
SPRINGS
AT
CENTENNIAL
RANCH
HOMEOWNERS
ASSOCIATION;
SFR
INVESTMENTS POOL 1, LLC; CLINT
HARRIS; ELIZABETH HARRIS,

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Defendants.

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54816771;1

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SFR INVESTMENTS POOL 1, LLC,

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Counter/Cross Claimant,
vs.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN TRUST
2005-47CB, MORTGAGE PASS-THROUGH
CERTIFICATES,
SERIES
2005-47CB,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., as Nominee Beneficiary for
REPUBLIC MORTGAGE, LLC; CLINT
HARRIS, an individual; ELIZABETH HARRIS,
an individual,

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Counter/Cross Defendants.

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The Bank of New York Mellon f/k/a The Bank of New York as Trustee For The

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Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-47CB, Mortgage Pass-Through

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Certificates, Series 2005-47CB (BoNYM), and SFR Investments Pool 1, LLC (SFR), by and

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through their counsel of record, reached a settlement in principle to resolve the parties' claims, as

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indicated in the parties' stipulation on April 30, 2020. (See ECF No. 126). Based on this agreement,

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the parties stipulated to extend the deadline to file the joint pre-trial order by 90 days, until July 30,

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2020. (Id.). The parties subsequently agreed to extend the deadline an additional 60 days, until

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September 28, 2020. (ECF No. 128). These extensions were to allow SFR to perform a condition

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precedent to the global settlement between SFR and Bank of America, which encompasses the

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property at issue in this litigation.

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Due to the ongoing Covid-19 crisis, SFR has not yet completed the settlement condition

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precedent, and Bank of America has agreed to extend the time to complete it. The parties therefore

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stipulate and agree to extend the deadline to file the joint pre-trial order by an additional sixty (60)

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days to November 27, 2020. The parties anticipate this extension will be sufficient for SFR to

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complete the condition precedent to the settlement. To the extent there are any issues with the

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settlement going forward, the parties will proceed to trial.
54816771;1

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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This is the parties' third request to extend the pre-trial order deadline and is not intended to
cause any delay or prejudice to any party.
DATED this 28th day of September, 2020.
AKERMAN LLP

KIM GILBERT EBRON

/s/ Nicholas E. Belay
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Karen L. Hanks
DIANA S. EBRON ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
JASON G. MARTINEZ, ESQ.
Nevada Bar No. 13375
Attorneys for The Bank of New York Mellon f/k/a 376 E. Warm Springs Road, Suite 140
The Bank of New York as Trustee For The Las Vegas, NV 89119
Certificateholders of CWALT, Inc., Alternative
Loan Trust 2005-47CB, Mortgage Pass-Through Attorneys for SFR Investments Pool 1, LLC
Certificates, Series 2005-47CB

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ORDER
IT IS SO ORDERED:

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_________________________________________
UNITED STATES MAGISTRATE JUDGE
Case No. 2:17-cv-01673-JAD-EJY

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September 29, 2020
DATED: _________________________________

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54816771;1

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