Wilmington Savings Fund Society, FSB v. Saticoy Bay LLC Series 9338 Wilderness Glen Avenue et al

Filing 125

ORDER Granting 124 Stipulation to Continue Bench Trial Date. Calendar Call set for 3/22/2023 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Bench Trial set for 3/27/2023 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 1/17/2023. (Copies have been distributed pursuant to the NEF - KF)

Case 2:17-cv-01775-JCM-BNW Document 125 Filed 01/17/23 Page 1 of 5

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WRIGHT, FINLAY & ZAK, LLP
Robert Riether, Esq.
Nevada Bar No. 12076
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff/Counter-Defendant Edward Brown

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH
MORTGAGE LOAN TRUST A,

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Case No.: 2:17-cv-01775-JCM-BNW
STIPULATION AND ORDER TO RESET
BENCH TRIAL DATE

Plaintiff,
vs.
SATICOY BAY LLC SERIES 9338
WILDERNESS GLEN AVENUE;
YELLOWSTONE HOMEOWNERS
ASSOCIATION,

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Defendants.

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SATICOY BAY LLC SERIES 9338
WILDERNESS GLEN AVENUE,
Counterclaimant,
vs.
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH
MORTGAGE LOAN TRUST A,
Counter-Defendant.

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Plaintiff/Counter-Defendant, Edward Brown (“Brown”), as substituted party for

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Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust A

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(“Wilmington”), and Defendant/Counterclaimant Saticoy Bay LLC Series 9338 Wilderness Glen

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Case 2:17-cv-01775-JCM-BNW Document 125 Filed 01/17/23 Page 2 of 5

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Avenue (“Saticoy”) (collectively, the “Parties”), by and through their counsel of record, hereby
agree and stipulate as follows.

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1. This is an action for quiet title and declaratory relief following an HOA foreclosure

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sale. The parties dispute whether the HOA sale extinguished Wilmington/Brown’s

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interest in the subject deed of trust recorded against the subject property.

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2. On August 25, 2022, this Court issued an order setting this case for a one-day bench

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trial for March 27, 2023 at 9:00am (“Original Trial Date”) with calendar call set for
March 22, 2023 at 1:30pm. [ECF No. 120].

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3. On September 23, 2022, Brown facilitated recordation of a Notice of Default and

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Election to Sell under Deed of Trust (“NOD”) related to the property at issue in the

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case located at 9338 Wilderness Glen Avenue, Las Vegas, Nevada 89178 (the
“Property”).

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4. On December 28, 2022, Brown facilitated recordation of a Notice of Sale under Deed

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of Trust related to the Property (“NOS”), setting a February 1, 2023 foreclosure sale

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date (“Foreclosure Sale”).
5. On January 13, 2023, Saticoy filed an Emergency Motion for Temporary Restraining
Order to stop the Foreclosure Sale, requesting a hearing date before January 30, 2023.
(“Emergency Motion”). [ECF No. 121].
6. On January 13, 2023, in response to the Emergency Motion, and pursuant to Federal
Rules of Civil Procedure (“FRCP”) 65(a)(2), this Court issued an order (the “Order”),

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Case 2:17-cv-01775-JCM-BNW Document 125 Filed 01/17/23 Page 3 of 5

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advancing the Trial Date to January 24, 2023 at 9:00am (“New Trial Date”) with
calendar call on January 18, 2023 at 1:30pm. [ECF No. 122].
7. FRCP Rule 65(a)(2) authorizes consolidation of the trial on the merits and the hearing
on the Emergency Motion, and authorizes the Court to advance the trial on the merits
as the Court did here.

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8. Upon receipt of the Order, the parties met and conferred for the purposes of complying

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with the Order. Based on that conferral, the Parties agree that it is impracticable, if not

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impossible, to complete trial on January 24, 2023. Specifically, a trial on the merits

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may require the testimony of at least two prior loan servicers (BSI and Ocwen), the

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current loan servicer, and Saticoy.

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9. Based on their good faith discussion, counsel for the Parties do not reasonably believe

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that the necessary witnesses can or will be prepared to present for trial on January 24,

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2023. Several of the witnesses—in particular the prior and current loan servicers—are

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out of state entities. Among other things, the Parties do not have sufficient time to
serve subpoenas and assure an appearance by January 24, 2023; additionally, counsel

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Case 2:17-cv-01775-JCM-BNW Document 125 Filed 01/17/23 Page 4 of 5

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for Brown is out of the state from January 20 through January 22 on a previously
planned personal family trip.
10. After conversing following the Order—and given the practicals of this matter and the
Parties’ mutual desire to resolve this matter on the merits, the Parties hereby stipulate
and agree to resolve the Emergency Motion as follows:
a. Brown hereby agrees to postpone the February 1, 2023 Foreclosure Sale to a
date after the original March 27, 2023 trial date.
b. Saticoy hereby withdraws the Emergency Motion (and will also formally file a
notice withdrawing the Emergency Motion for completeness of record);

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11. With the basis under FRCP 65(a)(2) for the Order now removed, the Parties hereby

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respectfully request that this Court reset the New Trial Date back to the Original Trial

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Date of March 27, 2023 at 9:00am (with Calendar Call on March 22, 2023 at 1:30pm)

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as originally scheduled, thereby also vacating the required appearance of counsel at the

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currently scheduled January 18, 2023 calendar call. This stipulation would also allow
the Parties to properly subpoena and confirm trial witness appearances as well as timely
prepare the necessary pre-trial order pursuant to Local Rule 16-3(b).
IT IS SO STIPULATED.

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DATED this 17th day of January, 2023.

DATED this 17th day of January, 2023.

WRIGHT, FINLAY & ZAK, LLP

ROGER P. CROTEAU & ASSOCIATES,
LTD

/s/ Robert A. Riether
Robert Riether Esq.
Nevada Bar No. 12076
Attorneys for Plaintiff/Counter-Defendant,
Edward Brown

/s/ Roger P. Croteau
Roger P. Croteau, Esq.
Nevada Bar No. 4958
Attorneys for Defendant/Counterclaimant
Saticoy Bay LLC Series 9338 Wilderness
Glen Avenue

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Case 2:17-cv-01775-JCM-BNW Document 125 Filed 01/17/23 Page 5 of 5

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ORDER
Based on the aforementioned stipulation, this matter is reset for a one day bench trial on
March 27, 2023 at 9:00am. Calendar call is reset for March 22, 2023 at 1 :30p.m.
Consequently, the calendar call hearing on January 18, 2023 is hereby VACATED.
Pre-trial requirements are as follows: See the order regarding trial at ECF No. 123 ,r,r3-20

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IT IS so ORDERED January 17, 2023.

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-� t. ).W,\a.,_.__
UNIT£D STATES DISTRICT JUDGE

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