Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing LP v. Esplanade at Damonte Ranch Homeowners' Association et al

Filing 69

ORDER GRANTING Stipulation and proposed order (ECF No. 68 ) to withdraw Plaintiff's motion to dismiss Defendant Esplanade at Damonte Ranch Homeowner's Association's counterclaims (ECF No. 58 . Plaintiff's motion to dismiss Defendant Espalande at Damonte Ranch Homeowner's Association's counterclaims is deemed withdrawn. Signed by Judge Miranda M. Du on 6/20/2018. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)

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Michael W. McKelleb, Esq. SBN 12040
ANGIUS & TERRY LLP
9127 W. Russell Road, Ste. 220
Las Vegas, NV 89148
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
ESPLANADE AT DAMONTE RANCH HOA

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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) Case No. 3:16-CV-00120
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BANK OF AMERICA, N.A.,

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Plaintiff,

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v.

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ESPLANADE AT DAMONTE RANCH
HOMEOWNERS’ ASSOCIATION; ATC
ASSESSMENT COLLECTION GROUP;
THUNDER PROPERTIES, INC.,

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Defendants.

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STIPULATION AND PROPOSED ORDER WITHDRAWING BANK OF AMERICA’S
MOTION TO DISMISS ESPLANADE AT DAMONTE RANCH HOMEOWNER’S
ASSOCIATION’S COUNTERCLAIMS

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COMES NOW defendant, Esplanade at Damonte Ranch Homeowners’ Association

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(“Esplanade”), by and through its counsel of record, Angius & Terry LLP, and plaintiff, Bank

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of America, N.A., as Successor by Merger to BAC Home Loans Servicing, LP fka

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Countrywide Home Loans Servicing, LP (BANA), by and through its counsel of record,

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Akerman LLP, and hereby stipulate and as follows:

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ANGIUS & TERRY LLP
9127 W. Russell Rd.
Suite 220
Las Vegas, NV 89148
[phone]

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On or about March 21, 2018 Esplanade filed its motion for leave to amend its answer

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to assert counterclaims against plaintiff. (ECF 46). On or about March 13, 2018, BANA filed

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its opposition to Esplanade’s motion. (ECF 49). Thereafter, on or about March 27, 2018,

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Esplanade filed its reply. (ECF 52). On or about, March 30, 2018, this Court entered its order

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allowing Esplanade to amend its answer to assert counterclaims. (ECF 53). Accordingly, on

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or about April 3, 2018, Esplanade filed its amended answer asserting counterclaims against

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plaintiff. (ECF 54).

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In response, on or about April 24, 2018, BANA filed its motion to dismiss. (ECF 58).

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On or about May 8, 2018, Esplanade filed its opposition to BANA’s motion to dismiss. (ECF

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60). Finally, on or about May 29, 2018, BANA filed its reply, making a decision on BANA’s

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motion to dismiss ready for this Court’s consideration. (ECF 64)

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BANA and Esplanade determined a resolution of this matter as to BANA and

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Esplanade is possible. Accordingly, BANA and Esplanade are negotiating the terms of a

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resolution regarding the claims between them. Therefore, in the interest of judicial economy,

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Esplanade and BANA hereby agrees that the foregoing motion to dismiss filed by BANA on

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March 27, 2018 as ECF 58, including the opposition (ECF 60) and reply (ECF 64), are all

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hereby withdrawn. The foregoing notwithstanding, should negotiations in relation to settling

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this dispute fail, the motion to dismiss may be renewed by either Esplanade or BANA, with or

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without the agreement of the other party, by filing a notice with this Court, upon which the

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Court may decide the matter based on the briefing already on file herein.

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ANGIUS & TERRY LLP
9127 W. Russell Rd.
Suite 220
Las Vegas, NV 89148
[phone]

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This request is made in the bona fide effort to resolve this dispute as between BANA
and Esplanade and is not intended to cause any delay or prejudice to any party.

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DATED: June 18, 2018.

DATED: June 18, 2018

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ANGIUS & TERRY LLP

AKERMAN LLP

/s/ Michael W. McKelleb___________
Michael W. McKelleb, Esq. SBN 12040
9127 W. Russell Road, Ste. 220
Las Vegas, NV 89148
Attorneys for Defendants Esplanade at
Damonte Ranch HOA

_/s/ Jamie K. Combs_________________
Ariel E. Stern, Esq. SBN 18276
Jamie K. Combs, Esq. SBN 13088
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Attorneys for Bank of America, N.A., as
Successor by Merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans
Servicing, LP

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ORDER

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IT IS SO ORDERED.

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______________________________________

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UNITED STATES DISTRICT JUDGE

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DATED: ______________________________
June 20, 2018

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ANGIUS & TERRY LLP
9127 W. Russell Rd.
Suite 220
Las Vegas, NV 89148
[phone]

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Case 3:16-cv-00120-MMD-WGC Document 68 Filed 06/18/18 Page 4 of 4

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CERTIFICATE OF SERVICE
I hereby certify that on the 18th day of June, 2018, service of the foregoing

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STIPULATION AND PROPOSED WITHDRAWING BANK OF AMERICA’S

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MOTION TO DISMISS ESPLANADE AT DAMONTE RANCH HOMEOWNER’S

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ASSOCIATION’S COUNTERCLAIMS was made via the Court’s electronic service all

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parties registered therein through the Court’s official e-filing system.

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/s/ Marcella L. McCoy
______________________
An Employee of ANGIUS & TERRY LLP

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ANGIUS & TERRY LLP
9127 W. Russell Rd.
Suite 220
Las Vegas, NV 89148
[phone]

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