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)

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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: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Bank of America,
N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

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Case No.: 3:16-cv-00127-HDM-WGC
Plaintiff,

vs.
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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)

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Defendants.
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Plaintiff Bank of America N.A. (BANA) and defendants Sierra Cedars Condominiums

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Homeowners Association, LVDG Series 200, LLC and Thunder Properties Inc. move for an

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extension of time with respect to the Court's minute order of August 24 (ECF No. 70). The parties

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request a two-week extension to Monday, November 5. They were unable to reach defendant

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Hampton & Hampton Collections LLC to ascertain its position with respect to this stipulation.
MEMORANDUM OF POINTS AND AUTHORITIES

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1.

This case concerns the effect of an HOA foreclosure conducted by Hampton on

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behalf of Sierra Cedars.

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contends it obtained title free and clear of BANA's interest.

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BANA contends its deed of trust survived the foreclosure; Thunder

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2.

The parties have agreed in principle to a settlement. Thunder will not further dispute

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BANA's interest in the property and will stipulate to BANA's foreclosure in exchange for BANA's

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dismissal of the case and other consideration.

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3.

However, Thunder is currently renting the property to a tenant whose lease ends on

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April 30, 2019. If BANA foreclosed before the end of the lease, BANA might arguably become the

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tenant's landlord, and BANA is not equipped to assume the duties of the landlord/tenant relationship.

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4.

The parties have attempted to negotiate a solution with the tenant, but the tenant has

not been responsive.

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5.

The parties' counsel have developed an alternative solution to the problem, but they

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have not yet received approval from relevant decision makers on both sides. They believe they will

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be able to obtain such approval within the next two weeks.

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6.

The parties request an additional two weeks to approve and execute their revised

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settlement plan. They move the Court not to dismiss the case before Monday, November 5.

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Dated this 19th day of October, 2018

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AKERMAN LLP

LIPSON NEILSON P.C.

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/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

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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

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ORDER

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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.

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DATED: October 22, 2018

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________________________________
SENIOR U.S. DISTRICT JUDGE