JPMorgan Chase Bank, N.A. v. Saticoy Bay LLC Series 741 Heritage Vista et al

Filing 27

ORDER granting 25 Joint Motion to Stay Litigation and Discovery. Case stayed. The parties are advised that the court will issue a separate order containing the details of the requested settlement conference. Signed by Magistrate Judge Carl W. Hoffman on 11/5/2018. (Copies have been distributed pursuant to the NEF - MMM)

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Kent F. Larsen, Esq.
Nevada Bar No. 3463
Chet A. Glover, Esq.
Nevada Bar No. 10054
SMITH LARSEN & WIXOM
1935 Village Center Circle
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JPMORGAN CHASE BANK, N.A.,

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Case No: 2:17-cv-02646-APG-CWH

Plaintiff,

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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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v.
SATICOY BAY LLC SERIES 741
HERITAGE VISTA, a Nevada limited liability
company; LUCY DIAZ, an individual;
ROBERTO DIAZ, an individual; and
HERITAGE VILLAS #1 HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation,

DISCOVERY PLAN AND
SCHEDULING ORDER
AND
JOINT REQUEST TO STAY
LITIGATION AND DISCOVERY
SPECIAL SCHEDULING REVIEW
REQUESTED

Defendants.

Pursuant to LR IA 1-3(f), and the Order Granting Motion to Lift Stay (ECF No. 21), the

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parties and their attorneys met and conferred on November 2, 2018. This discovery plan and
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scheduling order and request to stay litigation and discovery is submitted based on the parties’
discussions at the conference.

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Primarily, it is Plaintiff JPMorgan Chase Bank, N.A.’s (“Chase”) contention, as

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evidenced by the proposed First Amended Complaint (“FAC”) (ECF No. 22), that the subject

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homeowners’ association lien was paid in full, with no conditions, and that the subject

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homeowners association, Heritage Villas #1 Homeowners Association (the “Association”),

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and/or its agent, Nevada Association Services, Inc. (“NAS”), accepted the full lien payoff.1

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Chase contends that in light of the Association’s and/or NAS’ acceptance of the full lien payoff,

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Chase is entitled to judgment and a declaration that the subject deed of trust was not
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extinguished by the Association’s foreclosure sale. The Association and Saticoy Bay LLC

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Series 741 Heritage Vista (“Saticoy”) do not admit Chase’s contentions, but they agree, that

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based on the evidence provided in the FAC, it is in the parties’ and Court’s best interest to

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attempt to settle this case without engaging in protracted and expensive litigation. Based on

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the foregoing, and Fed. R. Civ. P. 26(f)(2), the parties stipulate and agree as follows:
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The Court shall order a mandatory settlement conference with all parties.

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2.

Litigation and discovery shall be stayed pending further order of the Court.

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3.

Despite the stay of litigation and discovery, Chase shall be allowed to file the

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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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FAC (upon the Court’s approval of the parties’ stipulation, which was filed as ECF No. 22) and

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serve the FAC and the necessary summons on NAS.
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The proposed FAC adds NAS as a party.

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The parties further agree that the deadline for Saticoy and the Association to file

a responsive pleading to the FAC shall be stayed until the stay of litigation and discovery is

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vacated by this Court.
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Dated this 5th day of November, 2018.

Dated this 5th day of November, 2018.

SMITH LARSEN & WIXOM

LAW OFFICES OF MICHAEL F. BOHN,
ESQ., LTD

/s/ Chet A. Glover
Kent F. Larsen, Esq.
Nevada Bar No. 3463
Chet A. Glover, Esq.
Nevada Bar No. 10054
1935 Village Center Circle
Las Vegas, Nevada 89134
Attorneys for Plaintiff
JPMorgan Chase Bank, N.A.

/s/ Michael F. Bohn
Michael F. Bohn, Esq.
Nevada Bar No. 1641
2260 Corporate Circle, Ste. 480
Henderson, Nevada 89074
Attorneys for Defendant
Saticoy Bay LLC Series 741 Heritage Vista

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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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Dated this 5th day of November, 2018.
THE WRIGHT LAW GROUP, P.C.

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/s/ John Henry Wright
John Henry Wright, Esq.
Nevada Bar No. 6182
2340 Paseo Del Prado, Suite D-305
Las Vegas, Nevada 89102
Attorneys for Defendant
Heritage Villas #1 Homeowners Association

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ORDER
IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

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November 5, 2018
DATE:__________________________

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The parties are advised that the court will issue a separate order containing the details of
the requested settlement conference.

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