Bank of America, N.A. v. Sierra Cedars Condominium Homeowners Association et al
Filing
72
ORDER granting ECF No. 71 Stipulation : The parties' deadline to comply with ECF 70 Order is extended to Monday, November 5, 2018. If a further extension is necessary, the parties must file their request before Monday, November 5, 2018. Signed by Judge Howard D. McKibben on 10/22/2018. (Copies have been distributed pursuant to the NEF - DRM)
1
2
3
4
5
6
7
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Email: ariel.stern@akerman.com
vatana.lay@akerman.com
Attorneys for Plaintiff Bank of America,
N.A.
8
UNITED STATES DISTRICT COURT
9
DISTRICT OF NEVADA
10
11
BANK OF AMERICA, N.A.,
12
Case No.: 3:16-cv-00127-HDM-WGC
Plaintiff,
vs.
13
14
15
SIERRA
CEDARS
CONDOMINIUMS
HOMEOWNERS
ASSOCIATION;
LVDG
SERIES 200, LLC; THUNDER PROPERTIES,
INC.;
HAMPTON
&
HAMPTON
COLLECTIONS, LLC,
ORDER GRANTING STIPULATION TO
EXTEND TIME TO COMPLY WITH
COURT'S MINUTE ORDER
(ECF 70)
16
Defendants.
17
18
Plaintiff Bank of America N.A. (BANA) and defendants Sierra Cedars Condominiums
19
Homeowners Association, LVDG Series 200, LLC and Thunder Properties Inc. move for an
20
extension of time with respect to the Court's minute order of August 24 (ECF No. 70). The parties
21
request a two-week extension to Monday, November 5. They were unable to reach defendant
22
Hampton & Hampton Collections LLC to ascertain its position with respect to this stipulation.
MEMORANDUM OF POINTS AND AUTHORITIES
23
24
1.
This case concerns the effect of an HOA foreclosure conducted by Hampton on
25
behalf of Sierra Cedars.
26
contends it obtained title free and clear of BANA's interest.
27
28
BANA contends its deed of trust survived the foreclosure; Thunder
1
2.
The parties have agreed in principle to a settlement. Thunder will not further dispute
2
BANA's interest in the property and will stipulate to BANA's foreclosure in exchange for BANA's
3
dismissal of the case and other consideration.
4
3.
However, Thunder is currently renting the property to a tenant whose lease ends on
5
April 30, 2019. If BANA foreclosed before the end of the lease, BANA might arguably become the
6
tenant's landlord, and BANA is not equipped to assume the duties of the landlord/tenant relationship.
7
8
4.
The parties have attempted to negotiate a solution with the tenant, but the tenant has
not been responsive.
9
5.
The parties' counsel have developed an alternative solution to the problem, but they
10
have not yet received approval from relevant decision makers on both sides. They believe they will
11
be able to obtain such approval within the next two weeks.
12
//
13
//
14
//
15
//
16
//
17
//
18
//
19
//
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
28
1
6.
The parties request an additional two weeks to approve and execute their revised
2
settlement plan. They move the Court not to dismiss the case before Monday, November 5.
3
Dated this 19th day of October, 2018
4
AKERMAN LLP
LIPSON NEILSON P.C.
5
/s/ Vatana Lay__________________________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
VATANA LAY, ESQ.
Nevada Bar No. 12993
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
/s/ David A. Clark________________________
DAVID A. CLARK. ESQ.
Nevada Bar No. 4433
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
6
7
8
9
10
11
12
13
14
15
Attorneys for Sierra Cedars Condominium
Homeowners Association
Attorneys for Bank of America, N.A.
ROGER CROTEAU & ASSOCIATES, LTD
NEVADA ASSOCIATION SERVICES, INC.
/s/ Timothy Rhoda_______________________
TIMOTHY RHODA, ESQ.
Nevada Bar No. 7878
9120
West
Post
Road,
Suite
100
Las Vegas, Nevada 89148
/s/ (Could not be contacted)_____________
BRANDON E. WOOD, ESQ.
Nevada Bar No. 12900
6224 West Desert Inn Road
Las Vegas, Nevada 89146
Attorneys for Thunder Properties, Inc. and Attorneys for Hampton & Hampton Collections,
LVDG Series 200, LLC
LLC
16
ORDER
17
18
19
The parties' deadline to comply with ECF 70 is extended to Monday, November 5, 2018. If
a further extension is necessary, the parties must file their request before Monday, November 5.
20
21
DATED: October 22, 2018
22
23
24
25
26
27
28
________________________________
SENIOR U.S. DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?