Wilmington Trust Company v. Malavar-Jaimez et al

Filing 26

ORDER granting 25 Stipulation to Stay Discovery; Status Hearing set for 8/22/2018 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 2/22/2018. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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Kent F. Larsen, Esq.
Nevada Bar No. 3463
Chet A. Glover, Esq.
Nevada Bar No. 10054
Preston S. Mathews, Esq.
Nevada Bar No. 13720
SMITH LARSEN & WIXOM
Hills Center Business Park
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

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WILMINGTON TRUST COMPANY, as
Successor to U.S. BANK NATIONAL
ASSOCIATION as Trustee for MASTR
ALTERNATIVE LOAN TRUST 2004-8
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-8,
Plaintiff,

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CASE NO: 2:17-cv-02537-JAD-VCF

STIPULATION AND ORDER TO
STAY DISCOVERY

vs.
(First Request)
YOLANDA MALAVAR-JAIMEZ, an
individual; SFR INVESTMENTS POOL 1,
LLC, a Nevada limited liability company;
PACIFIC VINTAGE OWNERS’
ASSOCIATION, a Nevada non-profit
corporation; GEORGE TAPIA, an
individual; and DONNA TAPIA, an
individual,

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Defendants.

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Plaintiff Wilmington Trust Company, as Successor to U.S. Bank National Association

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as Trustee for Mastr Alternative Loan Trust 2004-8 Mortgage Pass-Through Certificates, Series

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2004-8 (“Wilmington”) and Defendant SFR Investments Pool 1, LLC (“SFR”), by and through

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their respective counsel of record, stipulate and agree to stay discovery and submission of the

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proposed discovery plan and scheduling order (“DPSO”) until the Court rules on SFR’s

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“Motion to Dismiss Plaintiff’s Complaint [ECF No. 1] Pursuant to FRCP 12(b)(6)” (the
“Motion”) [ECF No. 19].

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The current deadline for the parties to submit the DPSO is February 26, 2018. However,

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due to the pending Motion, which is based on a legal challenge to the Complaint (ECF No. 1),

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and should not require a factual determination by the Court, the Parties agree that it is most
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economical for the Parties and the Court to stay discovery and submission of the DPSO until

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ATTORNEYS
HILLS CENTER BUSINESS PARK
1935 VILLAGE CENTER CIRCLE
LAS VEGAS, NEVADA 89134
[phone] ∙ [phone]

SMITH LARSEN & WIXOM

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after the Court rules on the Motion. The requested stay is sought in good faith and not for the

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purpose of undue delay or to prejudice any party.

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SMITH LARSEN & WIXOM

KIM GILBERT EBRON

Dated this 21st day of February, 2018.

Dated this 21st day of February, 2018.

/s/ Chet A. Glover
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Chet A. Glover, Esq.
Nevada Bar No. 10054
Preston S. Mathews, Esq.
Nevada Bar No. 13720
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Wilmington

/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, Nevada 89139
Attorneys for SFR

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ORDER

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IT IS SO ORDERED.
IT IS HEREBY ORDERED that a status
hearing is scheduled for 10:00 AM,
August 22, 2018, in Courtroom 3D.

____________________________________
UNITED STATES MAGISTRATE JUDGE
2-22-2018
DATE:__________________________

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