Bank of New York Mellon v. Green Valley South Owners Association No. 1 et al

Filing 39

ORDER Granting 37 First Stipulation to Extend Dispositive Motion and Pretrial Order Deadlines. Motions due by 2/1/2019. Proposed Joint Pretrial Order due by 3/4/2019. Signed by Magistrate Judge George Foley, Jr on 12/4/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02024-KJD-GWF Document 37 Filed 12/03/18 Page 1 of 5

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ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar No. 11310
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 West Russell Road, Suite 120
Las Vegas, NV 89148
[phone]; FAX [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for
the Certificateholders of the CWALT, Inc. Alternative Loan Trust 2006-OA10 Mortgage PassThrough Certificates, Series 2006-OA10

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UNITED STATES DISTRICT COURT

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FOR THE 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
THE
CWALT, INC. ALTERNATIVE LOAN
TRUST 2006-OA10 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES
2006-OA10, a national bank,

CASE NO.: 2:17-CV-02024-KJD-GWF
STIPULATION AND ORDER TO
EXTEND THE DISPOSITIVE
MOTION AND PRETRIAL ORDER
DEADLINES
(FIRST REQUEST)

Plaintiff,
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vs.
GREEN VALLEY SOUTH OWNERS
ASSOCIATION NO. 1, a Nevada
corporation; SFR INVESTMENTS POOL
1, LLC, a Nevada limited liability
company,
Defendants.

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Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for the

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Certificateholders of the CWALT, Inc. Alternative Loan Trust 2006-OA10 Mortgage Pass-

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Through Certificates, Series 2006-OA10 (“Plaintiff”) and SFR Investments Pool 1,

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(“Defendant,” or “SFR”)) and collectively (“The Parties”), hereby stipulate to extend the

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Case 2:17-cv-02024-KJD-GWF Document 37 Filed 12/03/18 Page 2 of 5

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dispositive motion and pretrial order deadlines pursuant to ECF No. 32 and LR IA 6-1 as

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follows:

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On July 25, 2017, BNYM filed a Complaint for Quiet Title/Declaratory Relief. The

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Complaint’s causes of action and claims for relief concern title to real property. On September 6,

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2017, Defendant Green Valley South Owners Association No. 1 (“Association”) filed an Answer

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to BNYM’s Complaint. [ECF No. 8]. Subsequently, SFR filed a Motion to Dismiss on October

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23, 2017. [ECF No. 15]. Pursuant to the scheduling order entered on October 24, 2017, the

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discovery deadline was March 5, 2018, the dispositive motion deadline was to be April 4, 2018

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and the proposed pretrial order was May 4, 2018. [ECF No.17]. BNYM’s claims against the

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Association were dismissed by way of Stipulation and Order on January 19, 2018. [ECF No. 26].

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After the close of discovery, BNYM and SFR stipulated to extend the remaining Scheduling

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Order deadlines pending the Court’s decision on SFR’s Motion to Dismiss. [ECF No. 27].

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On June 26, 2018, this Court issued an Order denying SFR’s Motion to Dismiss and

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staying the case pending the Nevada Supreme Court’s decision on a certified question presented

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to it in the Bank of New York Mellon v. Star Hill Homeowners Association matter. [ECF No. 30].

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Following the Nevada Supreme Court’s decision in the Star Hill matter, BNYM filed a Motion

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to Lift Stay, which was granted by this Court on October 17, 2018. [ECF Nos. 31 and 32,

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respectively].

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In the lift stay Order, this Court indicated that the parties may either move for a modified

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discovery plan or file dispositive motions within forty-five (45) days of the Order.1 [ECF No.

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32]. Thus, the current dispositive motion deadline is December 3, 2018.

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On November 21, 2018, SFR filed an Answer to BNYM’s Complaint, Counterclaim and

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Cross-Claim against the former homeowner, Dennis E. Carroll (“Borrower”). [ECF No. 33].

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BNYM’s Answer to SFR’s Counterclaim will be forthcoming, but it is not yet clear if the

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Borrower will file a response.

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Forty-five (45) days after October 17, 2018 is Saturday, December 1, 2018. Pursuant to Fed. R. Civ. P. 6(a)(1)(C),
the deadline is advanced to the next judicial day, which is December 3, 2018.

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Case 2:17-cv-02024-KJD-GWF Document 37 Filed 12/03/18 Page 3 of 5

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While the parties agree that reopening discovery is not currently necessary, the parties

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request a sixty (60) day extension of the dispositive motion and pretrial order deadlines to allow

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time for BNYM to file an Answer to SFR’s Counterclaim and to allow the Borrower/Cross-

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Defendant an opportunity to file a response. In the event the Borrower files a response, it is

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anticipated that the Borrower may request additional discovery at that time.

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Accordingly, the Parties stipulate to a brief sixty (60) day extension of the dispositive
motion and pretrial order deadlines as set forth below.

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PROPOSED REMAINING SCHEDULING ORDER DEADLINES.

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Dispositive Motions:

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Friday, February 1, 2019

Pre-Trial Order:

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Monday, March 4, 2019

Good cause exists to extend the dispositive motion and pretrial order deadline as the case
was stayed pending the resolution of SFR’s motion to dismiss and SFR only recently was able to
file its answer, counterclaims and crossclaims.This is the first stipulation for an extension of the
dispositive motion and pretrial order deadlines.
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Case 2:17-cv-02024-KJD-GWF Document 37 Filed 12/03/18 Page 4 of 5

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This stipulation is not made to cause delay or prejudice any party.

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DATED this 3rd day of December, 2018

DATED this 29th day of November, 2018

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ZIEVE, BRODNAX & STEELE, LLP

KIM GILBERT EBRON

/s/ J. Stephen Dolembo, Esq.
J. Stephen Dolembo, Esq.
Nevada Bar No. 9795
9435 West Russell Road, Suite 120
Las Vegas, Nevada 89148
Tel: [phone] | Fax: [phone]
[e-mail]
Attorneys for Plaintiff The Bank of New York
Mellon fka The Bank of New York, as Trustee for
the Certificateholders of CWALT, Inc.,
Alternative Loan

/s/ Diana S. Ebron_______
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Tel: [phone] Fax: [phone]
[e-mail]
Attorneys for SFR Investments Pool 1, LLC

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ORDER

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IT IS SO ORDERED.
DATED: ______________
December 4, 2018.
______________________________________
UNITED STATES MAGISTRATE JUDGE

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