Bank of New York Mellon v. Newport Cove III Owners Association et al

Filing 25

ORDER Granting 24 Stipulation to Stay Case Pending Settlement. IT IS HEREBY ORDERED that a status hearing is scheduled for 10:00 AM, 2/6/18, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 11/16/2017. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 ZIEVE, BRODNAX & STEELE, LLP Shadd A. Wade, Esq. Nevada Bar 11310 J. Stephen Dolembo, Esq. Nevada Bar 9795 3753 Howard Hughes Parkway, Suite 200 Las Vegas, Nevada 89169 Tel: (702) 948-8565 Fax: (702) 446-9898 swade@zbslaw.com sdolembo@zbslaw.com Attorneys for Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc. Asset-backed Certificates, Series 2006-13 9 10 UNITED STATES DISTRICT COURT 11 FOR THE DISTRICT OF NEVADA 12 13 14 15 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-13, a national banking trust, CASE NO.: 2:17-CV-02088-JAD-VCF STIPULATION AND ORDER TO STAY CASE PENDING SETTLEMENT Plaintiff, 16 17 18 19 20 vs. NEWPORT COVE III OWNERS ASSOCIATION, a Nevada corporation; DAVID YAU FAI HO; an individual, and GUANGDONG SHAO, an individual, Defendants. 21 22 Plaintiff The Bank of New York Mellon FKA The Bank of New York, as Trustee for the 23 Certificateholders of the CWABS, Inc. Asset-backed Certificates, Series 2006-13 (“BNYM”) by 24 25 and through Shadd A. Wade, Esq. and J. Stephen Dolembo, Esq. of the law firm Zieve, Brodnax & Steele, LLP, and Defendants, David Yau Fai Ho and Guangdong Shao, (“Defendants”) by and 26 27 through Sarah A. Morris, Esq. and Timothy A. Wiseman, Esq. of the law firm Morris Law 28 Page 1 of 3 1 Center, and Newport Cove III Owners Association (“HOA”) by and through Victor F. Luke, Esq. 2 of Gibbs, Giden, Locher, Turner & Senet LLP, hereby agree and stipulate as follows: 3 4 5 6 7 8 9 10 IT IS STIPULATED AND AGREED that the case be STAYED. IT IS FURTHER STIPULATED AND AGREED that the Stay will remain in place for sixty (60) days after the entry of this ORDER. IT IS FURTHER STIPULATED AND AGREED that this stay includes but is not limited to any pending or potential motions, including dispositive motions; and all discovery, including depositions. IT IS FURTHER STIPULATED AND AGREED that upon dissolution of this stay, the 11 parties will, within twenty (20) days after the dissolution of this stay, submit an Interim Status 12 Report, providing new discovery dates for the Court. 13 The parties have good cause for requesting the stay due to ongoing settlement 14 negotiations, which the parties anticipate will soon culminate in a stipulated dismissal of this 15 action. The parties believe a stay to be appropriate to conserve judicial resources and to allow for 16 continued meaningful settlement discussions. The parties have entered into this agreement in 17 good faith and not for purposes of delay. 18 19 20 21 Dated: November 16, 2017 Dated: November 16, 2017 ZIEVE, BRODNAX & STEELE, LLP MORRIS LAW CENTER By:/s/Shadd A. Wade, Esq. Shadd A. Wade, Esq. Nevada Bar No. 11310 J. Stephen Dolembo, Esq. Nevada Bar 9795 swade@zbslaw.com sdolembo@zbslaw.com Attorneys for Plaintiff The Bank of New York Mellon By:_/s/Timothy Wiseman, Esq.________ Sarah A. Morris, Esq. Nevada Bar No. 8461 Timothy A. Wiseman, Esq. Nevada Bar No. 13786 Attorneys for David Yau Fai Ho and Guangdong Shao 22 23 24 25 26 27 28 Page 2 of 3 CASE NO.: 2:17-CV-02088-JAD-VCF 1 2 Dated:_November 16, 2017_ 3 GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT, LLP 4 5 6 7 8 By: Victor F. Luke, Esq. Victor F. Luke, Esq. Nevada Bar No. 13714 Attorneys for Defendant Newport Cove III Owners Association 9 10 11 ORDER 12 IT IS SO ORDERED this 16th day of November , 2017. 13 14 Cam Ferenbach United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 Respectfully submitted: ZIEVE, BRODNAX & STEELE, LLP IT IS HEREBY ORDERED that a status hearing is scheduled for 10:00 AM, February 6, 2018, in Courtroom 3D. By:__Shadd A. Wade, Esq. Shadd A. Wade, Esq. Nevada Bar 11310 J. Stephen Dolembo, Esq. Nevada Bar 9795 3753 Howard Hughes Parkway, Suite 200 Las Vegas, Nevada 89169 Tel: (702) 948-8565 Fax: (702) 446-9898 swade@zbslaw.com sdolembo@zbslaw.com Attorneys for Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc. Asset-backed Certificates, Series 2006-13 27 28 Page 3 of 3

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