Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, v. Southwest Meadows Homeowners Association et al

Filing 33

ORDER granting ECF No. 32 Stipulation to withdraw specified grounds in ECF No. 21 Motion to Dismiss. Signed by Judge Miranda M. Du on 7/14/2016. (Copies have been distributed pursuant to the NEF - DRM)

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LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.
KALEB D. ANDERSON, ESQ.
Nevada Bar No. 7582
MEGAN H. HUMMEL, ESQ.
Nevada Bar No. 12404
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] - Telephone
[phone] – Facsimile
[e-mail]
[e-mail]
Attorneys for Defendant
Southwest Meadows Homeowners Assoc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] FAX: [phone]

Lipson, Neilson, Cole, Seltzer & Garin, P.C.

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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,

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Plaintiff,

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v.

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SOUTHWEST MEADOWS; LVDG LLC
A/K/A LVDG LLC SERIES 1101;
THUNDER PROPERTIES, INC.; ALESSI
& KOENIG, LLC,

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CASE NO.: 3:16-cv-00183-MMD-VPC
STIPULATION AND ORDER TO
WITHDRAW ALL EXCEPT THREE
LEGAL ARGUMENTS RAISED IN
DEFENDANT SOUTHWEST
MEADOWS’ MOTION TO DISMISS
(ECF NO. 21)

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Defendants.
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Plaintiff BANK OF AMERICA, N.A., and Defendant SOUTHWEST MEADOWS,
by and through their respective counsel, hereby agree and stipulate as follows:

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IT IS HEREBY AGREED AND STIPULATED, that all the grounds for dismissal

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raised by Southwest Meadows in its Motion to Dismiss filed on June 10, 2016 (ECF No.

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21), are hereby withdrawn, without prejudice, except for the following legal arguments:

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A.

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Plaintiff’s Claims Regarding Liability Under NRS Chapter 116 are Barred
by the Stature of Limitations;

B.

Plaintiff’s Claims Are Barred by the Doctrine of Laches; and

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g

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C.

Plaintiff’s Failure to Mediate Its Claims Compels Dismissal of the

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Complaint Pursuant to Nevada Revised Statues, Section 38.310(2)

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The parties have good cause for requesting the withdrawal of all other arguments

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raised by Southwest Meadows in its this Motion to Dismiss, except for the above-

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enumerated remaining legal arguments. This is the parties’ way of limiting the issues to
aid in the expeditious litigation of this case.

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9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] FAX: [phone]

Lipson, Neilson, Cole, Seltzer & Garin, P.C.

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