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

Filing 134

ORDER granting 131 Stipulation to Stay Action. IT IS HEREBY ORDERED that THIS ACTION IS STAYED for all purposes until June 1, 2021, and all deadlines are vacated. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 12/2/2020. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:17-cv-01673-JAD-EJY Document 131 Filed 12/01/20 Page 1 of 3
134
12/02/20

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DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
E-mail: [e-mail]
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
E-mail: [e-mail]
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
E-mail: [e-mail]
KIM GILBERT EBRON
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Telephone: [phone]
Facsimile: [phone]
Attorneys for SFR Investments Pool 1, LLC
UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

KIM GILBERT EBRON

7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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DISTRICT OF NEVADA
THE BANK OF NEW YORK MELLON FKA Case No. 2:17-cv-01673-JAD-EJY
THE BANK OF NEW YORK AS TRUSTEE
NOTICE OF SETTLEMENT
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
Stipulation and Order
AND
TRUST 2005-47CB, MORTGAGE
Staying Action
PASSTHROUGH CERTIFICATES, SERIES
STIPULATION TO STAY PROCEEDINGS
2005-47CB,

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Plaintiff,

SPRINGS AT CENTENNIAL RANCH
HOMEOWNERS ASSOCIATION; SFR
INVESTMENTS POOL 1, LLC,
Defendants.

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SFR INVESTMENTS POOL 1, LLC,

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ECF No. 131

vs.

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
PASSTHROUGH CERTIFICATES, SERIES
2005-47CB; MORTGAGE ELECTRONIC
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Case 2:17-cv-01673-JAD-EJY Document 131 Filed 12/01/20 Page 2 of 3
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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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47CB, Mortgage Pass-Through Certificates, Series 2005-47CB (BoNYM) and defendant SFR

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Investments Pool 1, LLC (SFR) (collectively, the Parties) have reached a settlement as to all claims

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between the Parties. The agreement is part of a more global settlement between SFR and Bank of

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America, N.A. (BANA) that includes multiple properties, including the Property at issue in this

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[phone] FAX [phone]

New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-

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KIM GILBERT EBRON

PLEASE TAKE NOTICE that plaintiff The Bank of New York Mellon fka The Bank of

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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case.

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SFR and BANA have worked diligently to get the settlement finalized, but due to

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continuing COVID-19 issues there have been delays in completing a condition precedent to

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settlement. The most recent signed agreement provides for full resolution of the condition

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precedent on or before May 5, 2021.

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Based on the foregoing, the Parties agree to stay litigation while the Parties determine if

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the condition precedent occurs. Accordingly, the Parties stipulate to stay further proceedings until

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June 1, 2021 and either reset the deadline for the pre-trial order or set a status check in the event

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BoNYM and SFR have not dismissed the claims against each other.

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///

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Case 2:17-cv-01673-JAD-EJY Document 131 Filed 12/01/20 Page 3 of 3
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12/02/20

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Should the Court grant the Parties' request to stay proceedings, the Parties reserve the right
to petition the Court and/or stipulate to lift the stay prior to its expiration.

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DATED this 1st day of December, 2020.

DATED this 1st day of December, 2020.

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KIM GILBERT EBRON

AKERMAN LLP

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/s/ Karen L. Hanks_
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for SFR Investments Pool 1, LLC

/s/ Nicholas E. Belay
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for Bank of New York Mellon

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stipulation.

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[phone] FAX [phone]

KIM GILBERT EBRON

IT IS SO ORDERED that this case is stayed until June 1, 2021 consistent with the above

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7625 DEAN MARTIN DRIVE, SUITE 110
LAS VEGAS, NEVADA 89139

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ORDER
DATED this ____ day of ______________, 2020.

Based on the parties' stipulation [ECF No. 131] and good cause appearing, IT IS
____________________________________
HEREBY ORDERED that THIS ACTION IS STAYED forCOURT JUDGE June 1,
DISTRICT all purposes until
2021, and all deadlines are vacated. The Clerk of Court is directed to
ADMINISTRATIVELY CLOSE THIS CASE.

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The parties will need to move to lift this stay along with any stipulation to dismiss .it.

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_________________________________
U.S. District Judge Jennifer A. Dorsey
Dated: December 2, 2020

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