Bank of America, N.A. v. Saticoy Bay LLC Series

Filing 21

ORDER granting 18 Stipulation to Stay Case for 90 days; Signed by Judge Andrew P. Gordon on 7/27/2018.; Case stayed. (Copies have been distributed pursuant to the NEF - JM)

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WRIGHT, FINLAY & ZAK, LLP
Matthew S. Carter, Esq.
Nevada Bar No. 9524
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Bank of America, N.A., Successor By Merger to Bac Home Loans
Servicing, LP f/k/a Countrywide Home Loans Servicing, LP
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE
HOME LOANS SERVICING, LP,

Case No.: 2:17-cv-02808-APG-CWH

STIPULATION AND ORDER TO STAY
CASE FOR 90 DAYS

Plaintiff,
vs.

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SATICOY BAY LLC SERIES, a Nevada
limited liability company,
Defendant.

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COMES NOW, Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER

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TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS

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SERVICING, LP (“BANA” or “Plaintiff”), and Defendant, SATICOY BAY LLC SERIES

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(“Saticoy Bay” or “Defendant”) (together referred to as “Parties”) by and through their

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respective undersigned counsels of record and hereby stipulate and agree as follows:
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1. That this matter shall be stayed for 90 days pursuant to the agreement of the Parties as
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the Parties are discussing possible settlement and because the certified question in SFR
Investment Pool 1, LLC v. Bank of New York Mellon (NRAP 5) Supreme Court Case

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Page 1 of 3

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NO. 72931 (“Certified Question Case”) may be informative to this Court regarding both

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parties claims to quiet title to property at 4955 South Jeffreys #705, Las Vegas, Nevada

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89119, APN #162-26-512-095 (hereinafter the “Property”).

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2. The Parties believe that significant judicial resources will be saved if the Court refrains

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from issuing a decision in this until after Case No. 72931. Both Parties hereby stipulate
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that neither side is agreeing to the legal effect of the Certified Question Case or that it

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will necessarily be dispositive of the entire case but that it could certainly affect the

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Parties positions once a decision has been made.

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3. The Parties agree that the current discovery dates should be vacated and reset after the

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90 days has passed. The parties shall submit an updated scheduling order with new

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dates for disclosing experts and for the close of discovery once the 90 days has passed.

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4. The Parties further agree that the Stipulation to Amend the Complaint, service of the

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Amended Complaint, or any Answer, Responsive Pleading to the Amended Complaint,
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or cross-claim and service thereof, shall not be subject to this Stay unless otherwise

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agreed to by the Parties.

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IT IS SO ORDERED.
__________________________________
UNITED STATES DISTRICT JUDGE
Dated: July 27, 2018.

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Page 2 of 3

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BANA v. Saticoy Bay
Case No.: 2:17-cv-02808-APG-CWH

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IT IS SO STIPULATED.
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DATED 23rd day of July, 2018.

DATED 23rd day of July, 2018.

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WRIGHT, FINLAY & ZAK, LLP

GEISENDORF & VILKIN, PLLC

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/s/ R. Samuel Ehlers, Esq.
______________________________
Matthew S. Carter, Esq.
Nevada Bar No. 9524
R. Samuel Ehlers, Esq.
Nevada Bar No. 9313
7785 West Sahara Avenue, Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff/Counter/CrossDefendant, PROF-2016-S3 Legal Title Trust
IV, by BANA National Association, as Legal
title Trustee

/s/ Charles L. Geisendorf, Esq.
__________________________________
Charles L. Geisendorf, Esq.
Nevada Bar No. 6985
2470 St. Rose Parkway, Suite 309
Henderson, Nevada 89074
Attorney for Defendant Saticoy Bay LLC
Series

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BANA v. Saticoy Bay
Case No.: 2:17-cv-02808-APG-CWH

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ORDER

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IT IS SO ORDERED.

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U.S. DISTRICT COURT JUDGE

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DATED:

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