Deutsche Bank National Trust Company v. Fidelity National Title Group, Inc. et al

Filing 52

ORDER Granting 50 Stipulation to Stay Case. Signed by Judge Richard F. Boulware, II on 6/3/2021.; Case stayed. (Copies have been distributed pursuant to the NEF - JQC)

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1 2 3 4 5 Scott E. Gizer, Esq., Nevada Bar No. 12216 Sophia S. Lau, Esq., Nevada Bar No. 13365 EARLY SULLIVAN WRIGHT GIZER & McRAE LLP 8716 Spanish Ridge Avenue, Suite 105 Las Vegas, Nevada 89148 Telephone: (702) 331-7593 Facsimile: (702) 331-1652 6 7 8 9 Kevin S. Sinclair, NV Bar No. 12277 SINCLAIR BRAUN LLP 16501 Ventura Blvd, Suite 400 Encino, California 91436 Telephone: (213) 429-6100 Facsimile: (213) 429-6101 10 11 12 13 Attorneys for Defendants FIDELITY NATIONAL TITLE GROUP, INC., FIDELITY NATIONAL TITLE INSURANCE COMPANY, and FIDELITY NATIONAL TITLE AGENCY OF NEVADA, INC. DESIGNATED LOCAL COUNSEL FOR SERVICE OF PROCESS ON SINCLAIR BRAUN LLP PER L.R. IA 11-1(b) 14 15 Gary L. Compton, State Bar No. 1652 2950 E. Flamingo Road, Suite L Las Vegas, Nevada 89121 16 UNITED STATES DISTRICT COURT 17 DISTRICT OF NEVADA 18 19 DEUTSCHE BANK NATIONAL TRUST COMPANY, Case No.: 2:20-CV-02146-RFB-VCF STIPULATION TO STAY CASE 20 21 22 Plaintiff, vs. FIDELITY NATIONAL TITLE GROUP, INC., ET AL., 23 Defendants. 24 25 26 27 Plaintiff Deutsche Bank National Trust Company and Defendants Fidelity National Title Group, Inc., Fidelity National Title Insurance Company, and Fidelity National Title Agency of Nevada, Inc. (collectively, the “Parties”), by and through their undersigned counsel, stipulate and 28 1 STIPULATION TO STAY CASE 1 agree as follows, subject to the approval of the District Court: 2 This is one of several title insurance coverage disputes pending in this district following an 3 HOA foreclosure sale. The case was originally filed in Nevada state court. ECF No. 1. Defendant 4 Fidelity National Title Insurance Company removed based on diversity jurisdiction. Id. Plaintiff 5 filed a motion to remand this matter to the Eighth District Court and a motion for fees (ECF Nos. 6 10-11). Defendants have each filed motions to dismiss (ECF Nos. 14-16); 7 To the extent the Court exercises jurisdiction over this matter, this case, like the majority 8 of HOA title insurance cases pending in this district, concerns the ALTA 1992 loan policy of title 9 insurance with form 1 coverage, along with the CLTA 100/ALTA 9 Endorsement and the CLTA 10 115.2/ALTA 5 Endorsement (others among these cases concern the similar CLTA 115.1/ALTA 4 11 Endorsement); 12 One such matter is on appeal, Wells Fargo Bank, N.A. v. Fidelity National Title Ins. Co., 13 Ninth Cir. Case No. 19-17332 (District Court Case No. 3:19-cv-00241-MMD-WGC) (the “Wells 14 Fargo II Appeal”). The parties to that case—whose counsel are also counsel in this action—have 15 been advised that the Ninth Circuit is considering the Wells Fargo II Appeal for oral argument;1 The Parties anticipate that the Ninth Circuit Court of Appeals’ decision in the Wells Fargo 16 17 II Appeal will likely touch upon issues regarding the interpretation of the title insurance policy 18 that could potentially affect the disposition of this action, particularly given some of the 19 similarities between the policy at issue in Wells Fargo II Appeal and the policy here; 20 Because the Wells Fargo II Appeal has the potential to resolve certain matters at issue in 21 this case, to the extent the District Court finds it has jurisdiction to hear this dispute, the Parties 22 stipulate and agree that a stay of discovery in this particular case pending the outcome Wells 23 Fargo II Appeal is appropriate; 24 NOW THEREFORE, the Parties, by and through their undersigned counsel, hereby 25 26 27 28 1 The Court had indicated it would hear oral argument in Summer, 2021. The Ninth Circuit subsequently ordered the parties to participate in another pre-mediation conference, which is scheduled for early June. A new date or time frame for oral argument has not been provided. The Parties anticipate that a new date will be provided once the mediation conference is concluded. 2 STIPULATION TO STAY CASE 1 2 stipulate and agree as follows: 1. Discovery between the Parties in the instant action shall immediately be STAYED 3 pending the earlier of the disposition of either Plaintiff’s motion to remand or the 4 Wells Fargo II Appeal. The Parties shall not file any motions to enforce Party 5 discovery while this stay is pending. 6 2. The Parties shall not file any additional dispositive motions while this stay is pending. 7 3. Each of the Parties shall be excused from responding to any now-outstanding 8 9 10 11 12 13 discovery requests propounded by the other until after the stay is lifted. 4. The scheduling order previously entered in this action shall be hereby VACATED. 5. Each of the Parties may request a further Fed. R. Civ. P. 26(f) conference at any time 180 days after the order granting this stipulation. 6. In light of this stipulation, Defendants’ motion to stay, and the associated response and reply memoranda (ECF Nos. 44, 47 and 49) are WITHDRAWN AS MOOT. 14 Dated: May 28, 2021 WRIGHT, FINLAY & ZAK 15 By: 16 17 18 19 Dated: May 28, 2021 21 22 23 24 SINCLAIR BRAUN LLP By: 20 /s/-Darren T. Brenner DARREN T. BRENNER Attorneys for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY /s/-Kevin S. Sinclair KEVIN S. SINCLAIR Attorneys for Defendants FIDELITY NATIONAL TITLE GROUP, INC., FIDELITY NATIONAL TITLE INSURANCE COMPANY, and FIDELITY NATIONAL TITLE AGENCY OF NEVADA, INC. IT IS SO ORDERED. 25 3rd June Dated this _____ day of _____________, 2021. 26 27 28 _______________________________________ RICHARD F BOULWARE UNITED STATES DISTRICT JUDGE 3 STIPULATION TO STAY CASE

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