New Penn Financial, LLC v. Riverwalk Ranch Master Homeowners Association et al

Filing 82

ORDER granting 81 Stipulation; Calendar Call reset for 11/10/2020 at 08:45 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Exhibit List due by 11/10/2020. Proposed Jury Instructions due by 11/10/2020. Proposed Voir Dire due by 11/10/2020. Trial Briefs due by 11/10/2020. Jury Trial reset for 11/16/2020 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 5/19/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-02167-APG-DJA Document 82 Filed 05/19/20 Page 1 of 4

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ASHLIE L. SURUR, ESQ.
Nevada Bar No. 11290
[e-mail]

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HALL JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, Nevada 89128
[phone]
Fax [phone]

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Attorneys for Riverwalk Ranch Master
Homeowners Association

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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NEW PENN FINANCIAL, LLC DBA
SHELLPOINT MORTGAGE SERVICING;
FEDERAL HOME LOAN MORTGAGE
CORPORATION,

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Case No.: 2:17-CV-02167-APG-DJA
STIPULATION AND ORDER TO
CONTINUE TRIAL

Plaintiff,

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vs.

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RIVERWALK RANCH MASTER
HOMEOWNERS ASSOCIATION;
HORNBROOK FAMILY TRUST,

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Defendants.

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Riverwalk Ranch Master Homeowners Association (HOA) and Ricardo Fojas (Fojas)

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(collectively the Parties), stipulate and agree to continue the trial currently scheduled on the

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stacked calendar of June 15, 2020. In support of this request, the parties state as follows:

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1.

A jury trial is scheduled for a stacked calendar on June 15, 2020. ECF No. 75.

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2.

On April 3, 2020, the Court entered a Minute Order in Chambers [ECF No. 78]

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vacating the Settlement Conference scheduled for May 7, 2020 due to concerns regarding

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COVID-19.

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3.

HOA and Fojas agree that there is good cause to continue trial.

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4.

HOA and Fojas are engaging in settlement discussions, but those discussions

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have been slowed due to the COVID-19 outbreak. There is good cause to continue trial to

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allow the parties additional time to reach settlement.
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Case 2:17-cv-02167-APG-DJA Document 82 Filed 05/19/20 Page 2 of 4

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5.

There is also good cause to continue trial due to the COVID-19 outbreak. The

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changing events surrounding the COVID-19 outbreak and considerations of the safety and

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health of all those who may be involved in this trial constitute good cause to continue trial.

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State courts in this jurisdiction have now suspended jury trials and undertaken other aggressive

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social distancing measures. See Administrative Order 20-13 (April 17, 2020, available at

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http://www.clarkcountycourts.us/res/rules-and-orders/2020-04-

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17_10_58_29_administrative%20order%2020-13.pdf. The outbreak will likely prevent the

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parties and the court from seating a jury on June 15, 2020. In addition, the outbreak has

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impacted Fojas’ ability to prepare for and attend trial. In December 2019, Mr. Fojas travelled

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to the Philippines to attend to family matters. On his return trip, he had stopovers in China and

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Los Angeles, California. Although the virus was not yet widely reported, we now know that it

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was circulating in China and Los Angeles during that time. Fojas became ill upon his return to

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Las Vegas, exhibiting a fever and flu like symptoms. He is 71 years old and continues to

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shelter in place as recommended by the Governor of the State of Nevada for those individuals

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in high risk groups like himself. For these reasons, there is good cause to continue trial.

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days from June 15, 2020.

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The Parties agree the June 15, 2020 trial date be vacated and rescheduled for 90

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The Parties further agree the May 15, 2020 deadline to file pre-trial motions and

pre-trial disclosures be continued in accordance with the continued trial date set by this Court.

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8.

The Parties further agree the June 9, 2020 calendar call and related deadlines for

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filing the parties’ trial briefs, the parties’ witness and exhibit lists, proposed jury instructions,

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proposed voir dire questions (for jury trial) and proposed findings of facts and conclusions of

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law (for bench trial) be vacated and rescheduled in accordance with the new trial date set by

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this Court.

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///

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///

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///

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///
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Case 2:17-cv-02167-APG-DJA Document 82 Filed 05/19/20 Page 3 of 4

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9.

This is the Parties’ first request for a trial continuance and extension of trial

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related deadlines and is not intended to cause any delay or prejudice to any party. The Parties

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recognize the potential ongoing nature of the virus threat and will continue to discuss whether

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alternatives to a jury trial are appropriate for this matter.

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Dated: May 18, 2020.

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HALL JAFFE & CLAYTON, LLP

RICARDO FOJAS

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By: /s/Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No.11290
7425 Peak Drive
Las Vegas, Nevada 89128

By: /s/ Ricardo Fojas
Ricardo Fojas
4400 S. Jones Blvd., Unit 1025
Las Vegas, Nevada 89103

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In proper person
Attorneys for Riverwalk Ranch Master
Homeowners Association

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ORDER
Based on the parties stipulation and good cause appearing, the jury trial currently set for June
15, 2020 is vacated and continued to November 16, 2020 at 9:00 a.m.; and the calendar call
currently set for June 9, 2020 is vacated and continued to November 10, 2020 at 8:45 a.m. in
Courtroom 6C. All trial briefs, proposed voir dire, proposed jury instructions, exhibit lists, and
witness list are due by noon on November 10, 2020.

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IT IS SO ORDERED.

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May 19, 2020
DATED:____________________________

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE

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Case 2:17-cv-02167-APG-DJA Document 82 Filed 05/19/20 Page 4 of 4

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CERTIFICATE OF SERVICE
I certify that on May 19, 2020, I served a true and correct copy of the foregoing
STIPULATION AND ORDER TO CONTINUE TRIAL on the following parties by
depositing a true copy thereof in the U.S. Mail, first class postage prepaid and addressed as
follows:

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Richard Fojas
4400 S. Jones Blvd., Unit 1025
Las Vegas, Nevada 89103

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_________/s/Michele Stones____________
An Employee of HALL JAFFE & CLAYTON, LLP

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