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

Filing 22

ORDER Granting 19 Stipulation to Allow Plaintiff to Amend the Complaint. Signed by Magistrate Judge Carl W. Hoffman on 7/30/2018. (Copies have been distributed pursuant to the NEF - ADR)

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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,
Plaintiff,

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

STIPULATION AND ORDER TO
ALLOW PLAINTIFF TO AMEND THE
COMPLAINT

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”) by and through their respective undersigned counsels of record

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and hereby stipulate and agree as follows:
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1. On November 7, 2017, Plaintiff filed the instant action concerning claims to the real
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property commonly known as 4955 South Jeffreys #705, Las Vegas, Nevada 89119,
APN #162-26-512-095 (hereinafter the “Property”).

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2. On October 17, 2017 Plaintiff filed a NRED Complaint against the HOA – Sutton Place
Homeowner’s Association. See Exhibit 1.
3. After several service attempts the HOA could not be served and an Affidavit of Due
Diligence was filed with the NRED Office. See Exhibit 2.

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4. On February 28, 2018 the NRED Division issued a letter stating service was attempted
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on the HOA but service could not be effectuated. NRED then closed the claim. See
Exhibit 3.
5. On December 5, 2017 a Motion to Dismiss was filed by Defendant.
6. Plaintiff filed an Opposition and Motion to Amend/Correct the Complaint was filed on
December 19, 2017.
7. A Reply to the Motion to Dismiss and Motion to Amend/Correct was filed by Saticoy
Bank on December 26, 2017.

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8. On July 5, 2018 the Court Granted the Motion to Dismiss in Part and denied in Part and
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granted the Motion to Amend/Correct giving the Plaintiff until July 26, 2018 to file an
Amended Complaint to correct the issues the court had with the Complaint.

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9. This Stipulation is an Agreement to allow Plaintiff to not only file an Amended

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Complaint to correct issues found in the Order Granting the Motion to Dismiss in Part

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but is also a Stipulation to allow Plaintiff to add the HOA as a party. Defendant is not

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agreeing that the amended complaint complies with the issues raised in the July 5, 2018
Order but rather is just allowing the Plaintiff to Amend so that it can respond to the

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filing.
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10. A copy of the Amended Complaint is attached as Exhibit 4.

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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 25th day of July, 2018.

DATED 25th day of July, 2018.

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WRIGHT, FINLAY & ZAK, LLP

GEISENDORF & VILKIN, PLLC

/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. MAGISTRATE JUDGE

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DATED: July 30, 2018

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