Bank of New York Mellon v. Tierra De Las Palmas Owners Association et al

Filing 34

ORDER granting 33 Stipulation Re: Second Amended Notice of Rule 30(b)(6) Deposition; Signed by Magistrate Judge Carl W. Hoffman on 3/9/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02112-JAD-CWH Document 33 Filed 03/07/18 Page 1 of 4

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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
TENESA S. POWELL, ESQ.
Nevada Bar No.12488
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
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 Benefit of the Certificate Holders of the
CWALT, Inc., Alternative Loan Trust 20048CB Mortgage Pass Through Certificates,
Series 2004-8CB
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 BENEFIT OF THE CERTIFICATE
HOLDERS
OF
THE
CWALT,
INC.,
ALTERNATIVE LOAN TRUST 2004-8CB
MORTGAGE
PASS
THROUGH
CERTIFICATES, SERIES 2004-8CB;
Plaintiff,
vs.
TIERRA DE LAS PALMAS OWNERS
ASSOCIATION; SFR INVESTMENTS POOL I,
LLC;
and
ABSOLUTE
COLLECTION
SERVICES, LLC,

Case No.: 2:17-cv-02112-JAD-CWH

STIPULATION AND ORDER RE:
SECOND AMENDED NOTICE OF RULE
30(b)(6) DEPOSITION OF THE BANK OF
NEW YORK MELLON FKA THE BANK
OF NEW YORK AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATE
HOLDERS OF THE CWALT, INC.,
ALTERNATIVE LOAN TRUST 2004-8CB
MORTGAGE
PASS
THROUGH
CERTIFICATES, SERIES 2004-8CB

Defendants.
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Benefit of the
Certificate Holders of the CWALT, Inc., Alternative Loan Trust 2004-8CB Mortgage Pass Through
Certificates, Series 2004-8CB (BoNYM) and SFR Investments Pool 1, LLC (SFR) stipulate as
follows:
1.

SFR served a notice of Rule 30(b)(6) deposition containing 14 topics on BoNYM on

February 15, 2018. The deposition is scheduled for March 8, 2018.
2.
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SFR served a substantially similar notice of Rule 30(b)(6) deposition on Bank of

Case 2:17-cv-02112-JAD-CWH Document 33 Filed 03/07/18 Page 2 of 4

cv-00814-GMN-CWH. BANA, through Akerman LLP (who also represents BoNYM in this case)

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initially disputed seven of the thirteen noticed topics: (1) topic 5, which seeks information

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concerning BANA's alleged damages; (2) topic 6, which seeks information concerning what

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investigation, if any, BANA made into title or encumbrances before acquiring an interest in the deed

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of trust; (3) topic 7, which seeks information concerning what investigation, if any, BANA made

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into title or encumbrances before the HOA's foreclosure sale; (4) topic 8, which seeks information

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concerning BANA's acquisition of its interest in the note and deed of trust; (5) topic 9, which seeks

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information concerning BANA's "knowledge regarding creation, execution and recording" of the

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AKERMAN LLP

America, N.A. (BANA) in Bank of Am., N.A. v. Falcon Pointe Ass'n et al, D. Nev. Case. No. 2:16-

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1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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recorded assignment(s); (6) topic 11, which seeks information concerning BANA's communications

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with its "predecessor in interest" regarding the HOA's CC&Rs "and title or encumbrances;" and (7)

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topic 12, which seeks information concerning "[a]l facts and circumstances in which [BANA]

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contend[s] that [the HOA] and its foreclosure agent failed to comply" with NRS chapter 116 in

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conducting the foreclosure sale (collectively, the disputed topics).

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3.

BANA and SFR met and conferred concerning the disputed topics pursuant to L.R.

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26-7 in connection SFR's deposition notice in Falcon Pointe. SFR agreed to limit or withdraw four

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of the seven disputed topics based on the meet and confer. To avoid unnecessary fees and costs,

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BoNYM and SFR stipulate to apply the agreement BANA and SFR reached in the Falcon Pointe

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meet and confer to SFR's notice of deposition in this case as set forth below:

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a.

that revealed Tierra De Las Palmas Owners Association's lien.

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Topic 6: SFR's inquiry into topic 6 shall be limited to investigations into title

b.

Topic 7: SFR's inquiry into topic 7 shall be limited to investigations into title

that revealed Tierra De Las Palmas Owners Association's lien and/or foreclosure notices.

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c.

Topic 11: SFR's inquiry into topic 11 shall be limited to communications

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between BoNYM and its "predecessor in interest" regarding Tierra De Las Palmas Owners

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Association's foreclosure notices, CC&Rs and lien.

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d.

Topic 12: SFR has already or will seek the information it seeks to obtain

through deposition topic 12 via an interrogatory. BoNYM agrees to substantively respond to SFR's
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Case 2:17-cv-02112-JAD-CWH Document 33 Filed 03/07/18 Page 3 of 4

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interrogatory subject to any written objections.

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BoNYM serves its interrogatory response.

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4.

SFR will withdraw deposition topic 12 when

BANA and SFR were unable to resolve their dispute concerning the remaining three

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disputed topics (i.e., topics 5, 8 and 9) during their Falcon Pointe meet and confer but, to avoid

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litigation costs and unnecessarily burdening the Court with substantially-similar motions for

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protective order, agreed the parties will apply the Court's ruling in other similarly-situated cases.

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BANA moved for a protective order in Falcon Pointe on January 24, 2018. The motion remains

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pending.

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5.

Pursuant to the agreement reached in the Falcon Pointe meet and confer, BoNYM

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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and SFR agree the Court's order on BANA's motion for protective order in Falcon Pointe, D. Nev.

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Case No. 2:16-cv-00814-GMN-CWH, ECF No. 93, shall apply to SFR's notice of deposition in this

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case. SFR further stipulates BoNYM's deposition in this case is stayed as to all topics pending the

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Court's ruling on BANA's motion for protective order in Falcon Pointe. SFR and BoNYM will

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confer about a mutually-agreeable deposition date once an order enters in Falcon Pointe.

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Case 2:17-cv-02112-JAD-CWH Document 33 Filed 03/07/18 Page 4 of 4

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 2000
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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6.

BoNYM and SFR jointly request the Court approve this stipulation as an order of the

Court.
Dated: March 7, 2018
AKERMAN LLP

KIM GILBERT EBRON
/s/ Diana S. Ebron
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
KAREN L. HANKS, ESQ.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

/s/Tenesa Powell
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
TENESA S. POWELL, ESQ.
Nevada Bar No. 12488
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

Attorneys for The Bank of New York Mellon
f/k/a The Bank of New York as Trustee for the
Benefit of the Certificate Holders of the Attorneys for SFR Investments Pool 1, LLC
CWALT, Inc., Alternative Loan Trust 20048CB Mortgage Pass Through Certificates,
Series 2004-8CB

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ORDER

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IT IS SO ORDERED.
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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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March 9, 2018
DATED:_______________________________

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